18 USC 1072. Concealing escaped prisoner
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully harbors or conceals any prisoner after his escape
from the custody of the Attorney General or from a Federal penal or
correctional institution, shall be imprisoned not more than three years.
(June 25, 1948, ch. 645, 62 Stat. 755.)
Based on title 18, U.S.C., 1940 ed., 753i, 910 (May 14, 1930, ch.
274, 10, 46 Stat. 327; May 27, 1930, ch. 339, 10, 46 Stat. 390).
Section consolidates similar language of said sections of title 18,
U.S.C., 1940 ed. Remaining provisions are in section 752 of this title.
Words ''willfully harbors'' were added in conformity with section
1071 of this title. Punishment for harboring violators of the Espionage
laws is provided in section 792 of this title. Punishment for harboring
deserters from the armed forces is provided in section 1381 of this
title.
Minor changes were made in phraseology.
Misprision of felony, see section 4 of this title.
18 USC 1073. Flight to avoid prosecution or giving testimony
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever moves or travels in interstate or foreign commerce with
intent either (1) to avoid prosecution, or custody or confinement after
conviction, under the laws of the place from which he flees, for a
crime, or an attempt to commit a crime, punishable by death or which is
a felony under the laws of the place from which the fugitive flees, or
which, in the case of New Jersey, is a high misdemeanor under the laws
of said State, or (2) to avoid giving testimony in any criminal
proceedings in such place in which the commission of an offense
punishable by death or which is a felony under the laws of such place,
or which in the case of New Jersey, is a high misdemeanor under the laws
of said State, is charged, or (3) to avoid service of, or contempt
proceedings for alleged disobedience of, lawful process requiring
attendance and the giving of testimony or the production of documentary
evidence before an agency of a State empowered by the law of such State
to conduct investigations of alleged criminal activities, shall be fined
not more than $5,000 or imprisoned not more than five years, or both.
Violations of this section may be prosecuted only in the Federal
judicial district in which the original crime was alleged to have been
committed, or in which the person was held in custody or confinement, or
in which an avoidance of service of process or a contempt referred to in
clause (3) of the first paragraph of this section is alleged to have
been committed, and only upon formal approval in writing by the Attorney
General, the Deputy Attorney General, the Associate Attorney General, or
an Assistant Attorney General of the United States, which function of
approving prosecutions may not be delegated.
(June 25, 1948, ch. 645, 62 Stat. 755; Apr. 6, 1956, ch. 177, 1, 70
Stat. 100; Oct. 4, 1961, Pub. L. 87-368, 75 Stat. 795; Oct. 15, 1970,
Pub. L. 91-452, title III, 302, 84 Stat. 932; Nov. 18, 1988, Pub. L.
100-690, title VII, 7020(b), 102 Stat. 4396.)
Based on title 18, U.S.C., 1940 ed., 408e (May 18, 1934, ch. 302, 48
Stat. 782; Aug. 2, 1946, ch. 735, 60 Stat. 789).
Said section 408e was rewritten and the phrase ''offenses as they are
defined either at common law or by the laws of the place from which the
fugitive flees'' were inserted to remove the ambiguity discussed in the
opinion of the Circuit Court of Appeals, Third Circuit, in Brandenburg
v. U.S., decided September 6, 1944, not yet reported (144 F2d 656),
reversing the conviction of the appellant. The court held that Congress
intended the enumerated offenses to mean those as defined at common law.
The effect of the rewritten section is to make the statute applicable
whether the offense committed is one defined at common law or by the law
of the state from which the fugitive flees.
The words ''offense punishable by imprisonment in a penitentiary''
were substituted for ''felony'' to make the statute uniformly applicable
and to include crimes of the grade of felony even where, as in New
Jersey, they are denominated as misdemeanor, high misdemeanor or
otherwise.
Words ''from any State, Territory, or possession of the United States
or the District of Columbia'' were omitted in view of definitive section
10 of this title.
Words ''upon conviction thereof'' were deleted as surplusage since
punishment cannot be imposed until a conviction is secured.
Minor changes were made in phraseology.
1988 -- Pub. L. 100-690 inserted '', the Deputy Attorney General,
the Associate Attorney General,'' after ''the Attorney General''.
1970 -- Pub. L. 91-452 inserted cl. (3) and '', or in which an
avoidance of service of process or a contempt referred to in clause (3)
of the first paragraph of this section is alleged to have been
committed,'' after ''in custody or confinement''.
1961 -- Pub. L. 87-368 substituted ''a crime, or an attempt to
commit a crime, punishable by death or which is a felony under the laws
of the place from which the fugitive flees, or which, in the case of New
Jersey, is a high misdemeanor under the laws of said State'' for
''murder, kidnaping, burglary, robbery, mayhem, rape, assault with a
dangerous weapon, arson punishable as a felony, or extortion accompanied
by threats of violence, or attempt to commit any of the foregoing
offenses as they are defined either at common law or by the laws of the
place from which the fugitive flees'', ''death or which is a felony
under the laws of such place, or which in the case of New Jersey, is a
high misdemeanor under the laws of said State,'' for ''imprisonment in a
penitentiary'', and required that prosecutions must be upon the formal
written approval of the Attorney General or an Assistant Attorney
General, which function may not be delegated.
1956 -- Act Apr. 6, 1956, inserted '', arson punishable as a
felony'' after ''assault with a dangerous weapon''.
Section 2 of act Apr. 6, 1956, provided that: ''The amendment made
by the first section of this Act (amending this section) shall take
effect on the thirtieth day after the date of enactment of this Act
(April 6, 1956).''
Pub. L. 96-611, 10, Dec. 28, 1980, 94 Stat. 3573, provided that:
''(a) In view of the findings of the Congress and the purposes of
sections 6 to 10 of this Act set forth in section 302 (probably means
section 7 of Pub. L. 96-611, set out as a note under section 1738A of
Title 28, Judiciary and Judicial Procedure), the Congress hereby
expressly declares its intent that section 1073 of title 18, United
States Code, apply to cases involving parental kidnaping and interstate
or international flight to avoid prosecution under applicable State
felony statutes.
''(b) The Attorney General of the United States, not later than 120
days after the date of the enactment of this section (Dec. 28, 1980)
(and once every 6 months during the 3-year period following such 120-day
period), shall submit a report to the Congress with respect to steps
taken to comply with the intent of the Congress set forth in subsection
(a). Each such report shall include --
''(1) data relating to the number of applications for complaints
under section 1073 of title 18, United States Code in cases involving
parental kidnaping;
''(2) data relating to the number of complaints issued in such cases;
and
''(3) such other information as may assist in describing the
activities of the Department of Justice in conformance with such
intent.''
Applicability of section to Canal Zone, see section 14 of this title.
Venue, generally, see rules 18 to 22, Appendix to this title.
18 USC 1074. Flight to avoid prosecution for damaging or destroying
any building or other real or personal property
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever moves or travels in interstate or foreign commerce with
intent either (1) to avoid prosecution, or custody, or confinement after
conviction, under the laws of the place from which he flees, for
willfully attempting to or damaging or destroying by fire or explosive
any building, structure, facility, vehicle, dwelling house, synagogue,
church, religious center or educational institution, public or private,
or (2) to avoid giving testimony in any criminal proceeding relating to
any such offense shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
(b) Violations of this section may be prosecuted in the Federal
judicial district in which the original crime was alleged to have been
committed or in which the person was held in custody or confinement:
Provided, however, That this section shall not be construed as
indicating an intent on the part of Congress to prevent any State,
Territory, Commonwealth, or possession of the United States of any
jurisdiction over any offense over which they would have jurisdiction in
the absence of such section.
(Added Pub. L. 86-449, title II, 201, May 6, 1960, 74 Stat. 86.)
18 USC CHAPTER 50 -- GAMBLING
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1081. Definitions.
1082. Gambling ships.
1083. Transportation between shore and ship; penalties.
1084. Transmission of wagering information; penalties.
This section (section 23 of act May 24, 1949) inserts a new chapter
50 (secs. 1081-1083) in title 18, U.S.C., incorporating, with slight
changes in phraseology, most of the provisions of act of April 27, 1948
(ch. 235, 62 Stat. 200), which was not incorporated in title 18 when the
revision was enacted. Subsection (e) of section 1 of such act, defining
''United States'', when used in a geographical sense, was omitted as
covered by section 5 of such title 18. Section 4 of such act, which
provided that nothing in such act ''shall be held to take away or impair
the jurisdiction of the courts of the several States under the laws
thereof, or to preclude action, otherwise valid, by any State or
Territory with respect to the navigable waters within the boundaries of
such State or Territory'', was omitted as surplusage and unnecessary.
1961 -- Pub. L. 87-216, 3, Sept. 13, 1961, 75 Stat. 491, added
item 1084.
1949 -- Act May 24, 1949, ch. 139, 23, 63 Stat. 92, added chapter
50 and items 1081 to 1083.
18 USC 1081. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter:
The term ''gambling ship'' means a vessel used principally for the
operation of one or more gambling establishments.
The term ''gambling establishment'' means any common gaming or
gambling establishment operated for the purpose of gaming or gambling,
including accepting, recording, or registering bets, or carrying on a
policy game or any other lottery, or playing any game of chance, for
money or other thing of value.
The term ''vessel'' includes every kind of water and air craft or
other contrivance used or capable of being used as a means of
transportation on water, or on water and in the air, as well as any
ship, boat, barge, or other water craft or any structure capable of
floating on the water.
The term ''American vessel'' means any vessel documented or numbered
under the laws of the United States; and includes any vessel which is
neither documented or numbered under the laws of the United States nor
documented under the laws of any foreign country, if such vessel is
owned by, chartered to, or otherwise controlled by one or more citizens
or residents of the United States or corporations organized under the
laws of the United States or of any State.
The term ''wire communication facility'' means any and all
instrumentalities, personnel, and services (among other things, the
receipt, forwarding, or delivery of communications) used or useful in
the transmission of writings, signs, pictures, and sounds of all kinds
by aid of wire, cable, or other like connection between the points of
origin and reception of such transmission.
(Added May 24, 1949, ch. 139, 23, 63 Stat. 92; amended Sept. 13,
1961, Pub. L. 87-216, 1, 75 Stat. 491.)
1961 -- Pub. L. 87-216 inserted definition of ''wire communication
facility''.
18 USC 1082. Gambling ships
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It shall be unlawful for any citizen or resident of the United
States, or any other person who is on an American vessel or is otherwise
under or within the jurisdiction of the United States, directly or
indirectly --
(1) to set up, operate, or own or hold any interest in any gambling
ship or any gambling establishment on any gambling ship; or
(2) in pursuance of the operation of any gambling establishment on
any gambling ship, to conduct or deal any gambling game, or to conduct
or operate any gambling device, or to induce, entice, solicit, or permit
any person to bet or play at any such establishment,
if such gambling ship is on the high seas, or is an American vessel
or otherwise under or within the jurisdiction of the United States, and
is not within the jurisdiction of any State.
(b) Whoever violates the provisions of subsection (a) of this section
shall be fined not more than $10,000 or imprisoned not more than two
years, or both.
(c) Whoever, being (1) the owner of an American vessel, or (2) the
owner of any vessel under or within the jurisdiction of the United
States, or (3) the owner of any vessel and being an American citizen,
shall use, or knowingly permit the use of, such vessel in violation of
any provision of this section shall, in addition to any other penalties
provided by this chapter, forfeit such vessel, together with her tackle,
apparel, and furniture, to the United States.
(Added May 24, 1949, ch. 139, 23, 63 Stat. 92.)
18 USC 1083. Transportation between shore and ship; penalties
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It shall be unlawful to operate or use, or to permit the
operation or use of, a vessel for the carriage or transportation, or for
any part of the carriage or transportation, either directly or
indirectly, of any passengers, for hire or otherwise, between a point or
place within the United States and a gambling ship which is not within
the jurisdiction of any State. This section does not apply to any
carriage or transportation to or from a vessel in case of emergency
involving the safety or protection of life or property.
(b) The Secretary of the Treasury shall prescribe necessary and
reasonable rules and regulations to enforce this section and to prevent
violations of its provisions.
For the operation or use of any vessel in violation of this section
or of any rule or regulation issued hereunder, the owner or charterer of
such vessel shall be subject to a civil penalty of $200 for each
passenger carried or transported in violation of such provisions, and
the master or other person in charge of such vessel shall be subject to
a civil penalty of $300. Such penalty shall constitute a lien on such
vessel, and proceedings to enforce such lien may be brought summarily by
way of libel in any court of the United States having jurisdiction
thereof. The Secretary of the Treasury may mitigate or remit any of the
penalties provided by this section on such terms as he deems proper.
(Added May 24, 1949, ch. 139, 23, 63 Stat. 92.)
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
Forfeitures and seizures --
Jurisdiction, see sections 1333, 1355, and 1356 of Title 28,
Judiciary and Judicial Procedure.
Proceedings, see section 2461 of Title 28.
18 USC 1084. Transmission of wagering information; penalties
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever being engaged in the business of betting or wagering
knowingly uses a wire communication facility for the transmission in
interstate or foreign commerce of bets or wagers or information
assisting in the placing of bets or wagers on any sporting event or
contest, or for the transmission of a wire communication which entitles
the recipient to receive money or credit as a result of bets or wagers,
or for information assisting in the placing of bets or wagers, shall be
fined not more than $10,000 or imprisoned not more than two years, or
both.
(b) Nothing in this section shall be construed to prevent the
transmission in interstate or foreign commerce of information for use in
news reporting of sporting events or contests, or for the transmission
of information assisting in the placing of bets or wagers on a sporting
event or contest from a State or foreign country where betting on that
sporting event or contest is legal into a State or foreign country in
which such betting is legal.
(c) Nothing contained in this section shall create immunity from
criminal prosecution under any laws of any State.
(d) When any common carrier, subject to the jurisdiction of the
Federal Communications Commission, is notified in writing by a Federal,
State, or local law enforcement agency, acting within its jurisdiction,
that any facility furnished by it is being used or will be used for the
purpose of transmitting or receiving gambling information in interstate
or foreign commerce in violation of Federal, State or local law, it
shall discontinue or refuse, the leasing, furnishing, or maintaining of
such facility, after reasonable notice to the subscriber, but no
damages, penalty or forfeiture, civil or criminal, shall be found
against any common carrier for any act done in compliance with any
notice received from a law enforcement agency. Nothing in this section
shall be deemed to prejudice the right of any person affected thereby to
secure an appropriate determination, as otherwise provided by law, in a
Federal court or in a State or local tribunal or agency, that such
facility should not be discontinued or removed, or should be restored.
(e) As used in this section, the term ''State'' means a State of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, or a commonwealth, territory or possession of the United States.
(Added Pub. L. 87-216, 2, Sept. 13, 1961, 75 Stat. 491; amended
Pub. L. 100-690, title VII, 7024, Nov. 18, 1988, 102 Stat. 4397; Pub.
L. 101-647, title XII, 1205(g), Nov. 29, 1990, 104 Stat. 4831.)
1990 -- Subsec. (e). Pub. L. 101-647 inserted ''commonwealth,''
before ''territory or possession of the United States''.
1988 -- Subsec. (b). Pub. L. 100-690, 7024(a), inserted ''or
foreign country'' after ''State'' in two places.
Subsec. (c). Pub. L. 100-690, 7024(b)(2), struck out '',
Commonwealth of Puerto Rico, territory, possession, or the District of
Columbia'' after ''State''.
Subsec. (e). Pub. L. 100-690, 7024(b)(1), added subsec. (e).
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC CHAPTER 50A -- GENOCIDE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1091. Genocide.
1092. Exclusive remedies.
1093. Definitions.
18 USC 1091. Genocide
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Basic Offense. -- Whoever, whether in time of peace or in time of
war, in a circumstance described in subsection (d) and with the specific
intent to destroy, in whole or in substantial part, a national, ethnic,
racial, or religious group as such --
(1) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the permanent impairment of the mental faculties of
members of the group through drugs, torture, or similar techniques;
(4) subjects the group to conditions of life that are intended to
cause the physical destruction of the group in whole or in part;
(5) imposes measures intended to prevent births within the group; or
(6) transfers by force children of the group to another group;
or attempts to do so, shall be punished as provided in subsection
(b).
(b) Punishment for Basic Offense. -- The punishment for an offense
under subsection (a) is --
(1) in the case of an offense under subsection (a)(1), a fine of not
more than $1,000,000 and imprisonment for life; and
(2) a fine of not more than $1,000,000 or imprisonment for not more
than twenty years, or both, in any other case.
(c) Incitement Offense. -- Whoever in a circumstance described in
subsection (d) directly and publicly incites another to violate
subsection (a) shall be fined not more than $500,000 or imprisoned not
more than five years, or both.
(d) Required Circumstance for Offenses. -- The circumstance referred
to in subsections (a) and (c) is that --
(1) the offense is committed within the United States; or
(2) the alleged offender is a national of the United States (as
defined in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101)).
(e) Nonapplicability of Certain Limitations. -- Notwithstanding
section 3282 of this title, in the case of an offense under subsection
(a)(1), an indictment may be found, or information instituted, at any
time without limitation.
(Added Pub. L. 100-606, 2(a), Nov. 4, 1988, 102 Stat. 3045.)
Section 1 of Pub. L. 100-606 provided that: ''This Act (enacting
this chapter) may be cited as the 'Genocide Convention Implementation
Act of 1987 (the Proxmire Act)'.''
18 USC 1092. Exclusive remedies
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Nothing in this chapter shall be construed as precluding the
application of State or local laws to the conduct proscribed by this
chapter, nor shall anything in this chapter be construed as creating any
substantive or procedural right enforceable by law by any party in any
proceeding.
(Added Pub. L. 100-606, 2(a), Nov. 4, 1988, 102 Stat. 3046.)
18 USC 1093. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) the term ''children'' means the plural and means individuals who
have not attained the age of eighteen years;
(2) the term ''ethnic group'' means a set of individuals whose
identity as such is distinctive in terms of common cultural traditions
or heritage;
(3) the term ''incites'' means urges another to engage imminently in
conduct in circumstances under which there is a substantial likelihood
of imminently causing such conduct;
(4) the term ''members'' means the plural;
(5) the term ''national group'' means a set of individuals whose
identity as such is distinctive in terms of nationality or national
origins;
(6) the term ''racial group'' means a set of individuals whose
identity as such is distinctive in terms of physical characteristics or
biological descent;
(7) the term ''religious group'' means a set of individuals whose
identity as such is distinctive in terms of common religious creed,
beliefs, doctrines, practices, or rituals; and
(8) the term ''substantial part'' means a part of a group of such
numerical significance that the destruction or loss of that part would
cause the destruction of the group as a viable entity within the nation
of which such group is a part.
(Added Pub. L. 100-606, 2(a), Nov. 4, 1988, 102 Stat. 3046.)
18 USC CHAPTER 51 -- HOMICIDE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1111. Murder.
1112. Manslaughter.
1113. Attempt to commit murder or manslaughter.
1114. Protection of officers and employees of the United States.
1115. Misconduct or neglect of ship officers.
1116. Murder or manslaughter of foreign officials, official guests,
or internationally protected persons.
1117. Conspiracy to murder.
1976 -- Pub. L. 94-467, 3, Oct. 8, 1976, 90 Stat. 1998,
substituted ''official guests, or internationally protected persons''
for ''or official guests'' in item 1116.
1972 -- Pub. L. 92-539, title I, 102, Oct. 24, 1972, 86 Stat.
1071, added items 1116 and 1117.
Wire or oral communications, authorization for interception, to
provide evidence of murder, see section 2516 of this title.
18 USC 1111. Murder
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Murder is the unlawful killing of a human being with malice
aforethought. Every murder perpetrated by poison, lying in wait, or any
other kind of willful, deliberate, malicious, and premeditated killing;
or committed in the perpetration of, or attempt to perpetrate, any
arson, escape, murder, kidnapping, treason, espionage, sabotage,
aggravated sexual abuse or sexual abuse, burglary, or robbery; or
perpetrated from a premeditated design unlawfully and maliciously to
effect the death of any human being other than him who is killed, is
murder in the first degree.
Any other murder is murder in the second degree.
(b) Within the special maritime and territorial jurisdiction of the
United States,
Whoever is guilty of murder in the first degree, shall suffer death
unless the jury qualifies its verdict by adding thereto ''without
capital punishment'', in which event he shall be sentenced to
imprisonment for life;
Whoever is guilty of murder in the second degree, shall be imprisoned
for any term of years or for life.
(June 25, 1948, ch. 645, 62 Stat. 756; Oct. 12, 1984, Pub. L.
98-473, title II, 1004, 98 Stat. 2138; Nov. 10, 1986, Pub. L. 99-646,
87(c)(4), 100 Stat. 3623; Nov. 14, 1986, Pub. L. 99-654, 3(a)(4), 100
Stat. 3663; Nov. 18, 1988, Pub. L. 100-690, title VII, 7025, 102 Stat.
4397.)
Based on title 18, U.S.C., 1940 ed., 452, 454, 567 (Mar. 4, 1909,
ch. 321, 273, 275, 330, 35 Stat. 1143, 1152).
Section consolidates the punishment provision of sections 454 and 567
of title 18, U.S.C., 1940 ed., with section 452 of title 18, U.S.C.,
1940 ed.
The provision of said section 454 for the death penalty for first
degree murder was consolidated with section 567 of said title 18, by
adding the words ''unless the jury qualifies its verdict by adding
thereto 'without capital punishment' in which event he shall be
sentenced to imprisonment for life''.
The punishment for second degree murder was changed and the phrase
''for any term of years or for life'' was substituted for the words
''not less than ten years and may be imprisoned for life''. This change
conforms to a uniform policy of omitting the minimum punishment.
Said section 567 was not included in section 2031 of this title since
the rewritten punishment provision for rape removes the necessity for a
qualified verdict.
The special maritime and territorial jurisdiction provision was added
in view of definitive section 7 of this title.
1988 -- Subsec. (a). Pub. L. 100-690 inserted a comma after
''arson''.
1986 -- Subsec. (a). Pub. L. 99-646 and Pub. L. 99-654 amended
subsec. (a) identically, substituting ''aggravated sexual abuse or
sexual abuse'' for '', rape''.
1984 -- Subsec. (a). Pub. L. 98-473 inserted ''escape, murder,
kidnapping, treason, espionage, sabotage,'' after ''arson''.
Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective
respectively 30 days after Nov. 10, 1986, and 30 days after Nov. 14,
1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L.
99-654, set out as an Effective Date note under section 2241 of this
title.
Actions aboard aircraft in flight in violation of this section
punishable as provided herein, see section 1472 of Title 49, Appendix,
Transportation.
Assault with intent to murder, see section 113 of this title.
Bank robbery, murder in committing, see section 2113 of this title.
High seas, citizen committing murder as pirate, see section 1652 of
this title.
Indian country --
Jurisdiction of offenses committed by Indians, see section 3242 of
this title.
Law governing offenses, see section 1153 of this title.
Limitations, capital offenses, see section 3281 of this title.
Mailing matter of character tending to incite murder, see section
1461 of this title.
Railroads, entering train to commit murder, see section 1991 of this
title.
Sentences, see section 3551 of this title.
Venue, see section 3236 of this title.
section 2146; title 15 section 1825; title 21
sections 461, 675, 1041; title 42 section 2283;
title 49 App. section 1472.
18 USC 1112. Manslaughter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Manslaughter is the unlawful killing of a human being without
malice. It is of two kinds:
Voluntary -- Upon a sudden quarrel or heat of passion.
Involuntary -- In the commission of an unlawful act not amounting to
a felony, or in the commission in an unlawful manner, or without due
caution and circumspection, of a lawful act which might produce death.
(b) Within the special maritime and territorial jurisdiction of the
United States,
Whoever is guilty of voluntary manslaughter, shall be imprisoned not
more than ten years;
Whoever is guilty of involuntary manslaughter, shall be fined not
more than $1,000 or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 756.)
Based on title 18, U.S.C., 1940 ed., 453, 454 (Mar. 4, 1909, ch.
321, 274, 275, 35 Stat. 1143).
Section consolidates punishment provisions of sections 453 and 454 of
title 18, U.S.C., 1940 ed.
The special maritime and territorial jurisdiction provision was added
in view of definitive section 7 this title.
Minor changes were made in phraseology.
Actions aboard aircraft in flight in violation of this section
punishable as provided herein, see section 1472 of Title 49, Appendix,
Transportation.
Indian country --
Jurisdiction of offenses committed by Indians, see section 3242 of
this title.
Law governing offenses, see section 1153 of this title.
Venue, see section 3236 of this title.
1825; title 21 section 1041; title 42 section 2283;
title 49 App. section 1472.
18 USC 1113. Attempt to commit murder or manslaughter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Except as provided in section 113 of this title, whoever, within the
special maritime and territorial jurisdiction of the United States,
attempts to commit murder or manslaughter, shall, for an attempt to
commit murder be imprisoned not more than twenty years or fined under
this title, or both, and for an attempt to commit manslaughter be
imprisoned not more than three years or fined under this title, or both.
(June 25, 1948, ch. 645, 62 Stat. 756; Nov. 18, 1988, Pub. L.
100-690, title VII, 7058(c), 102 Stat. 4403; Nov. 29, 1990, Pub. L.
101-647, title XXXV, 3534, 104 Stat. 4925.)
Based on title 18, U.S.C., 1940 ed., 456 (Mar. 4, 1909, ch. 321,
277, 35 Stat. 1143).
Words ''within the special maritime and territorial jurisdiction of
the United States'' were added in view of definitive section 7 of this
title, and section was rearranged to more clearly express intent of
existing law.
Mandatory punishment provision was rephrased in the alternative.
1990 -- Pub. L. 101-647 struck out final period at end.
1988 -- Pub. L. 100-690 substituted ''shall, for an attempt to
commit murder be imprisoned not more than twenty years or fined under
this title, or both, and for an attempt to commit manslaughter be
imprisoned not more than three years or fined under this title, or
both.'' for ''shall be fined not more than $1,000 or imprisoned not more
than three years, or both''.
Actions aboard aircraft in flight in violation of this section
punishable as provided herein, see section 1472 of Title 49, Appendix,
Transportation.
18 USC 1114. Protection of officers and employees of the United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever kills or attempts to kill any judge of the United States, any
United States Attorney, any Assistant United States Attorney, or any
United States marshal or deputy marshal or person employed to assist
such marshal or deputy marshal, any officer or employee of the Federal
Bureau of Investigation of the Department of Justice, any officer or
employee of the Postal Service, any officer or employee of the Secret
Service or of the Drug Enforcement Administration, any officer or member
of the United States Capitol Police, any member of the Coast Guard, any
employee of the Coast Guard assigned to perform investigative,
inspection or law enforcement functions, any officer or employee of the
Federal Railroad Administration assigned to perform investigative,
inspection, or law enforcement functions, any officer or employee of any
United States penal or correctional institution, any officer, employee
or agent of the customs or of the internal revenue or any person
assisting him in the execution of his duties, any immigration officer,
any officer or employee of the Department of Agriculture or of the
Department of the Interior designated by the Secretary of Agriculture or
the Secretary of the Interior to enforce any Act of Congress for the
protection, preservation, or restoration of game and other wild birds
and animals, any employee of the Department of Agriculture designated by
the Secretary of Agriculture to carry out any law or regulation, or to
perform any function in connection with any Federal or State program or
any program of Puerto Rico, Guam, the Virgin Islands or any other
commonwealth, territory, or possession of the United States, or the
District of Columbia, for the control or eradication or prevention of
the introduction or dissemination of animal diseases, any officer or
employee of the National Park Service, any civilian official or employee
of the Army Corps of Engineers assigned to perform investigations,
inspections, law or regulatory enforcement functions, or field-level
real estate functions, any officer or employee of, or assigned to duty
in, the field service of the Bureau of Land Management, or any officer
or employee of the Indian field service of the United States, or any
officer or employee of the National Aeronautics and Space Administration
directed to guard and protect property of the United States under the
administration and control of the National Aeronautics and Space
Administration, any security officer of the Department of State or the
Foreign Service, or any officer or employee of the Department of
Education, the Department of Health and Human Services, the Consumer
Product Safety Commission, Interstate Commerce Commission, the
Department of Commerce, or of the Department of Labor or of the
Department of the Interior or of the Department of Agriculture assigned
to perform investigative, inspection, or law enforcement functions, or
any officer or employee of the Federal Communications Commission
performing investigative, inspection, or law enforcement functions, or
any officer or employee of the Department of Veterans Affairs assigned
to perform investigative or law enforcement functions, or any United
States probation or pretrial services officer, or any United States
magistrate, or any officer or employee of any department or agency
within the Intelligence Community (as defined in section 3.4(F) of
Executive Order 12333, December 8, 1981, or successor orders) not
already covered under the terms of this section, any attorney,
liquidator, examiner, claim agent, or other employee of the Federal
Deposit Insurance Corporation, the Comptroller of the Currency, the
Office of Thrift Supervision, the Federal Housing Finance Board, the
Resolution Trust Corporation, the Board of Governors of the Federal
Reserve System, any Federal Reserve bank, or the National Credit Union
Administration, or any other officer, agency, or employee of the United
States designated for coverage under this section in regulations issued
by the Attorney General engaged in or on account of the performance of
his official duties, or any officer or employee of the United States or
any agency thereof designated to collect or compromise a Federal claim
in accordance with sections 3711 and 3716-3718 of title 31 or other
statutory authority shall be punished as provided under sections 1111
and 1112 of this title, except that any such person who is found guilty
of attempted murder shall be imprisoned for not more than twenty years.
(June 25, 1948, ch. 645, 62 Stat. 756; May 24, 1949, ch. 139, 24,
63 Stat. 93; Oct. 31, 1951, ch. 655, 28, 65 Stat. 721; June 27, 1952,
ch. 477, title IV, 402(c), 66 Stat. 276; July 29, 1958, Pub. L.
85-568, title III, 304(d), 72 Stat. 434; July 2, 1962, Pub. L.
87-518, 10, 76 Stat. 132; Aug. 27, 1964, Pub. L. 88-493, 3, 78 Stat.
610; July 15, 1965, Pub. L. 89-74, 8(b), 79 Stat. 234; Aug. 2, 1968,
Pub. L. 90-449, 2, 82 Stat. 611; Aug. 12, 1970, Pub. L. 91-375,
6(j)(9), 84 Stat. 777; Oct. 27, 1970, Pub. L. 91-513, title II,
701(i)(1), 84 Stat. 1282; Dec. 29, 1970, Pub. L. 91-596, 17(h)(1), 84
Stat. 1607; Oct. 26, 1974, Pub. L. 93-481, 5, 88 Stat. 1456; May 11,
1976, Pub. L. 94-284, 18, 90 Stat. 514; Oct. 21, 1976, Pub. L. 94-582,
16, 90 Stat. 2883; Aug. 3, 1977, Pub. L. 95-87, title VII, 704, 91
Stat. 520; Nov. 8, 1978, Pub. L. 95-616, 3(j)(2), 92 Stat. 3112; Nov.
10, 1978, Pub. L. 95-630, title III, 307, 92 Stat. 3677; July 1, 1980,
Pub. L. 96-296, 26(c), 94 Stat. 819; Oct. 17, 1980, Pub. L. 96-466,
title VII, 704, 94 Stat. 2216; Dec. 29, 1981, Pub. L. 97-143, 1(b),
95 Stat. 1724; Sept. 13, 1982, Pub. L. 97-259, title I, 128, 96 Stat.
1099; Oct. 25, 1982, Pub. L. 97-365, 6, 96 Stat. 1752; Jan. 12,
1983, Pub. L. 97-452, 2(b), 96 Stat. 2478; July 30, 1983, Pub. L.
98-63, title I, 101, 97 Stat. 313; Oct. 12, 1984, Pub. L. 98-473,
title II, 1012, 98 Stat. 2142; Oct. 30, 1984, Pub. L. 98-557, 17(c),
98 Stat. 2868; Nov. 18, 1988, Pub. L. 100-690, title VII, 7026, 102
Stat. 4397; Aug. 9, 1989, Pub. L. 101-73, title IX, 962(a)(6), 103
Stat. 502; Nov. 29, 1990, Pub. L. 101-647, title XII, 1205(h), title
XVI, 1606, title XXXV, 3535, 104 Stat. 4831, 4843, 4925; June 13,
1991, Pub. L. 102-54, 13(f)(2), 105 Stat. 275; Sept. 3, 1992, Pub. L.
102-365, 6, 106 Stat. 975.)
Based on title 18, U.S.C., 1940 ed., 253 (May 18, 1934, ch. 299, 1,
48 Stat. 780; Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26, 1936, ch.
830, title I, 3, 49 Stat. 1940; Reorg. Plan No. II, 4(f), eff. July
1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 13, 1940, ch. 359, 54 Stat.
391).
The section was extended to include United States judges, attorneys
and their assistants, and officers of Federal, penal and correctional
institutions in view of the obvious desirability of such protective
legislation.
Employees of the Bureau of Animal Industry have been included in this
section to complete the revision of section 118 of title 18, U.S.C.,
1940 ed., which was consolidated with the assault provisions of section
254 of said title 18 and is now section 111 of this title. There seemed
no sound reason for including such officers in the protection against
assaults but excluding them from the homicide sections.
For like reasons the section was broadened to include officers or
employees of the Secret Service or of the Bureau of Narcotics.
Changes in phraseology were made.
This section (section 24) amends section 1114 of title 18, U.S.C., to
conform more closely with the original statute from which it was
derived.
Executive Order 12333, referred to in text, is set out under section
401 of Title 50, War and National Defense.
Section 704 of Pub. L. 95-87, in addition to amending this section,
enacted section 1294 of Title 30, Mineral Lands and Mining.
1992 -- Pub. L. 102-365 inserted ''any officer or employee of the
Federal Railroad Administration assigned to perform investigative,
inspection, or law enforcement functions,'' after ''any employee of the
Coast Guard assigned to perform investigative, inspection or law
enforcement functions,''.
1991 -- Pub. L. 102-54 substituted ''Department of Veterans
Affairs'' for ''Veterans' Administration''.
1990 -- Pub. L. 101-647, 1606(3), 3535(3), which directed
identical amendment of section by striking out ''the Federal Savings and
Loan Insurance Corporation,'' could not be executed because that
language had been struck out by Pub. L. 101-73. See 1989 Amendment note
below.
Pub. L. 101-647, 1606(1), (2), 3535(1), (2), amended section
identically, substituting ''Secret Service'' for ''secret service'' and
''any officer or employee of the Department of Education, the Department
of Health and Human Services,'' for ''any officer or employee of the
Department of Health, Education, and Welfare,''.
Pub. L. 101-647, 1205(h), inserted ''or any other commonwealth,
territory, or possession'' after ''the Virgin Islands''.
1989 -- Pub. L. 101-73 struck out ''the Federal Savings and Loan
Insurance Corporation,'' after ''Federal Deposit Insurance
Corporation,'' and substituted ''the Office of Thrift Supervision, the
Federal Housing Finance Board, the Resolution Trust Corporation'' for
''the Federal Home Loan Bank Board''.
1988 -- Pub. L. 100-690 struck out second comma after ''terms of
this section''.
1984 -- Pub. L. 98-557 substituted reference to Coast Guard member,
and Coast Guard employee assigned to perform investigative, inspection
or law enforcement functions, for reference to any officer or enlisted
man of the Coast Guard.
Pub. L. 98-473 inserted ''or attempts to kill'' after ''Whoever
kills'', substituted ''or any United States probation or pretrial
services officer, or any United States magistrate, or any officer or
employee of any department or agency within the Intelligence Community
(as defined in section 3.4(F) of Executive Order 12333, December 8,
1981, or successor orders) not already covered under the terms of this
section,'' for ''while engaged in the performance of his official duties
or on account of the performance of his official duties'', inserted '',
or any other officer, agency, or employee of the United States
designated for coverage under this section in regulations issued by the
Attorney General'', and inserted '', except that any such person who is
found guilty of attempted murder shall be imprisoned for not more than
twenty years''.
1983 -- Pub. L. 98-63 inserted ''any civilian official or employee
of the Army Corps of Engineers assigned to perform investigations,
inspections, law or regulatory enforcement functions, or field-level
real estate functions,'' after ''National Park Service,''.
1983 -- Pub. L. 97-452 substituted ''sections 3711 and 3716-3718 of
title 31'' for ''the Federal Claims Collection Act of 1966 (31 U.S.C.
951 et seq.)''.
1982 -- Pub. L. 97-365 struck out ''or'' before ''any attorney,
liquidator, examiner, claim agent'' and inserted '', or any officer or
employee of the United States or any agency thereof designated to
collect or compromise a Federal claim in accordance with the Federal
Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or other statutory
authority'' before ''shall be punished''.
Pub. L. 97-259 inserted ''or any officer or employee of the Federal
Communications Commission performing investigative, inspection, or law
enforcement functions,'' after ''or law enforcement functions,''.
1981 -- Pub. L. 97-143 inserted ''any officer or member of the
United States Capitol Police,'' after ''Drug Enforcement
Administration,''.
1980 -- Pub. L. 96-466 inserted ''or any officer or employee of the
Veterans' Administration assigned to perform investigative or law
enforcement functions,'' after ''of the Department of Agriculture
assigned to perform investigative, inspection, or law enforcement
functions,''.
Pub. L. 96-296 inserted ''Interstate Commerce Commission,'' after
''Consumer Product Safety Commission,''.
1978 -- Pub. L. 95-630 inserted ''or any attorney, liquidator,
examiner, claim agent, or other employee of the Federal Deposit
Insurance Corporation, the Federal Savings and Loan Insurance
Corporation, the Comptroller of the Currency, the Federal Home Loan Bank
Board, the Board of Governors of the Federal Reserve System, any Federal
Reserve bank, or the National Credit Union Administration engaged in or
on account of the performance of his official duties'' before ''shall be
punished''.
Pub. L. 95-616 inserted ''the Department of Commerce,''.
1977 -- Pub. L. 95-87 inserted ''or of the Department of the
Interior'' after ''or of the Department of Labor''.
1976 -- Pub. L. 94-582 struck out ''any employee of the Bureau of
Animal Industry of the Department of Agriculture,'' after ''the field
service of the Bureau of Land Management,'' and inserted ''or of the
Department of Agriculture'' after ''or of the Department of Labor''.
Pub. L. 94-284 inserted '', the Consumer Product Safety Commission,''
after ''Department of Health, Education, and Welfare''.
1974 -- Pub. L. 93-481 substituted ''Drug Enforcement
Administration'' for ''Bureau of Narcotics and Dangerous Drugs''.
1970 -- Pub. L. 91-596 substituted ''or of the Department of Labor
assigned to perform investigative, inspection, or law enforcement
functions'', for ''designated by the Secretary of Health, Education, and
Welfare to conduct investigations, or inspections under the Federal
Food, Drug, and Cosmetic Act''.
Pub. L. 91-513 substituted ''Bureau of Narcotics and Dangerous
Drugs'' for ''Bureau of Narcotics''.
Pub. L. 91-375 substituted ''officer or employee of the Postal
Service'', for ''postal inspector, any postmaster, officer, or employee
in the field service of the Post Office Department'' after ''Department
of Justice,''.
1968 -- Pub. L. 90-449 substituted ''any postal inspector, any
postmaster, officer, or employee in the field service of the Post Office
Department'' for ''any post-office inspector''.
1965 -- Pub. L. 89-74 included any officer or employee of the
Department of Health, Education, and Welfare designated by the Secretary
of Health, Education, and Welfare to conduct investigations or
inspections under the Federal Food, Drug, and Cosmetic Act.
1964 -- Pub. L. 88-493 inserted ''or any security officer of the
Department of State or the Foreign Service''.
1962 -- Pub. L. 87-518 included employees of the Department of
Agriculture performing any function connected with any Federal or State
program, or program of Puerto Rico, Guam, the Virgin Islands, or the
District of Columbia, for control, eradication, or prevention of animal
diseases.
1958 -- Pub. L. 85-568 included officers and employees of the
National Aeronautics and Space Administration.
1952 -- Act June 27, 1952, substituted ''any immigration officers''
for ''any immigrant inspector or any immigration patrol inspector''.
1951 -- Act Oct. 31, 1951, substituted ''the field service of the
Bureau of Land Management'' for ''the field service of the Division of
Grazing of the Department of the Interior''.
1949 -- Act May 24, 1949, inserted ''any officer, employee or agent
of the customs or of the internal revenue or any person assisting him in
the execution of his duties''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Section 802(g)(3) of Pub. L. 96-466 provided in part that the
amendment made by section 704 of Pub. L. 96-466 is effective Oct. 17,
1980.
Amendment by Pub. L. 95-630 effective on expiration of 120 days
after Nov. 10, 1978, see section 2101 of Pub. L. 95-630, set out as an
Effective Date note under section 375b of Title 12, Banks and Banking.
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after Oct. 26, 1970, see section 704 of Pub.
L. 91-513, set out as an Effective Date note under section 801 of Title
21, Food and Drugs.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Amendment by Pub. L. 89-74 effective July 15, 1965, see section 11
of Pub. L. 89-74.
Amendment by Pub. L. 91-513 not to affect or abate any prosecutions
for violation of law or any civil seizures or forfeitures and injunctive
proceedings commenced prior to the effective date of such amendment, and
all administrative proceedings pending before the Bureau of Narcotics
and Dangerous Drugs on Oct. 27, 1970, to be continued and brought to
final determination in accord with laws and regulations in effect prior
to Oct. 27, 1970, see section 702 of Pub. L. 91-513, set out as a note
under section 321 of Title 21, Food and Drugs.
Functions of all officers of Department of Justice and functions of
all agencies and employees of such Department transferred, with a few
exceptions, to Attorney General, with power vested in him to authorize
their performance or performance of any of his functions by any of such
officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, 1,
2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the
Appendix to Title 5, Government Organization and Employees. United
States Attorneys, Assistant United States Attorneys, United States
marshals, and deputy marshals, referred to in this section, are officers
within the Department of Justice, the Federal Bureau of Investigation,
also referred to in this section, is a bureau of such Department, and
officers and employees of United States penal or correctional
institutions and immigration officials, also referred to in the section,
are officers and employees within such Department.
Bureau of Narcotics and Dangerous Drugs, including office of Director
thereof, in Department of Justice abolished by Reorg. Plan No. 2 of
1973, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the
Appendix to Title 5, Government Organization and Employees. Reorg. Plan
No. 2 of 1973 also created in Department of Justice a single,
comprehensive agency for enforcement of drug laws to be known as Drug
Enforcement Administration, empowered Attorney General to authorize
performance by officers, employees, and agencies of Department of
functions transferred to him, and directed Attorney General to
coordinate all drug law enforcement functions to assure maximum
cooperation between Drug Enforcement Administration, Federal Bureau of
Investigation, and other units of Department of Justice involved in drug
law enforcement.
Coast Guard transferred to Department of Transportation and all
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Oct. 15, 1966, 80 Stat. 931, which created Department of
Transportation. See section 108 of Title 49, Transportation.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees. by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Secret Service is an agency in Department
of the Treasury and customs and internal revenue officials, referred to
in this section, are officials in such Department.
Functions of all other officers of Department of the Interior and
functions of all agencies and employees of such Department transferred,
with two exceptions, to Secretary of the Interior, with power vested in
him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 3 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1262, set out in the Appendix to Title 5, Government Organization and
Employees. Officers and employees of National Park Service, and of
Indian field service, referred to in this section, are officers and
employees of Department of the Interior.
Section 17(h)(2) of Pub. L. 91-596 provided that: ''Notwithstanding
the provisions of sections 1111 and 1114 of title 18, United States
Code, whoever, in violation of the provisions of section 1114 of such
title, kills a person while engaged in or on account of the performance
of investigative, inspection, or law enforcement functions added to such
section 1114 by paragraph (1) of this subsection, and who would
otherwise be subject to the penalty provisions of such section 1111
shall be punished by imprisonment for any term of years or for life.''
Section 5 of Pub. L. 88-493 which provided that nothing in Pub. L.
88-493, which amended this section and section 112 of this title, and
enacted former section 170e-1 of Title 5, Government Organization and
Employees, shall create immunity from criminal prosecution under the
laws of any State, territory, possession, Puerto Rico, or the District
of Columbia, is set out as a note under section 112 of this title.
Assaulting, resisting, or impeding officers or employees designated
in this section, see section 111 of this title.
title 16 section 742l; title 19 section 1629; title
21 sections 461, 675; title 25 section 2804; title
42 section 2000e-13.
18 USC 1115. Misconduct or neglect of ship officers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Every captain, engineer, pilot, or other person employed on any
steamboat or vessel, by whose misconduct, negligence, or inattention to
his duties on such vessel the life of any person is destroyed, and every
owner, charterer, inspector, or other public officer, through whose
fraud, neglect, connivance, misconduct, or violation of law the life of
any person is destroyed, shall be fined not more than $10,000 or
imprisoned not more than ten years, or both.
When the owner or charterer of any steamboat or vessel is a
corporation, any executive officer of such corporation, for the time
being actually charged with the control and management of the operation,
equipment, or navigation of such steamboat or vessel, who has knowingly
and willfully caused or allowed such fraud, neglect, connivance,
misconduct, or violation of law, by which the life of any person is
destroyed, shall be fined not more than $10,000 or imprisoned not more
than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 757.)
Based on title 18, U.S.C., 1940 ed., 461 (Mar. 4, 1909, ch. 321,
282, 35 Stat. 1144).
Section restores the intent of the original enactments, R.S. 5344,
and act Mar. 3, 1905, ch. 1454, 5, 33 Stat. 1025, and makes this
section one of general application. In the Criminal Code of 1909, by
placing it in chapter 11, limited to places within the special maritime
and territorial jurisdiction of the United States, such original intent
was inadvertently lost as indicated by the entire absence of report or
comment on such limitation.
18 USC 1116. Murder or manslaughter of foreign officials, official
guests, or internationally protected persons
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever kills or attempts to kill a foreign official, official
guest, or internationally protected person shall be punished as provided
under sections 1111, 1112, and 1113 of this title, except that any such
person who is found guilty of murder in the first degree shall be
sentenced to imprisonment for life, and any such person who is found
guilty of attempted murder shall be imprisoned for not more than twenty
years.
(b) For the purposes of this section:
(1) ''Family'' includes (a) a spouse, parent, brother or sister,
child, or person to whom the foreign official or internationally
protected person stands in loco parentis, or (b) any other person living
in his household and related to the foreign official or internationally
protected person by blood or marriage.
(2) ''Foreign government'' means the government of a foreign country,
irrespective of recognition by the United States.
(3) ''Foreign official'' means --
(A) a Chief of State or the political equivalent, President, Vice
President, Prime Minister, Ambassador, Foreign Minister, or other
officer of Cabinet rank or above of a foreign government or the chief
executive officer of an international organization, or any person who
has previously served in such capacity, and any member of his family,
while in the United States; and
(B) any person of a foreign nationality who is duly notified to the
United States as an officer or employee of a foreign government or
international organization, and who is in the United States on official
business, and any member of his family whose presence in the United
States is in connection with the presence of such officer or employee.
(4) ''Internationally protected person'' means --
(A) a Chief of State or the political equivalent, head of government,
or Foreign Minister whenever such person is in a country other than his
own and any member of his family accompanying him; or
(B) any other representative, officer, employee, or agent of the
United States Government, a foreign government, or international
organization who at the time and place concerned is entitled pursuant to
international law to special protection against attack upon his person,
freedom, or dignity, and any member of his family then forming part of
his household.
(5) ''International organization'' means a public international
organization designated as such pursuant to section 1 of the
International Organizations Immunities Act (22 U.S.C. 288) or a public
organization created pursuant to treaty or other agreement under
international law as an instrument through or by which two or more
foreign governments engage in some aspect of their conduct of
international affairs.
(6) ''Official guest'' means a citizen or national of a foreign
country present in the United States as an official guest of the
Government of the United States pursuant to designation as such by the
Secretary of State.
(c) If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender. As
used in this subsection, the United States includes all areas under the
jurisdiction of the United States including any of the places within the
provisions of sections 5 and 7 of this title and section 101(38) of the
Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(38)).
(d) In the course of enforcement of this section and any other
sections prohibiting a conspiracy or attempt to violate this section,
the Attorney General may request assistance from any Federal, State, or
local agency, including the Army, Navy, and Air Force, any statute,
rule, or regulation to the contrary notwithstanding.
(Added Pub. L. 92-539, title I, 101, Oct. 24, 1972, 86 Stat. 1071;
amended Pub. L. 94-467, 2, Oct. 8, 1976, 90 Stat. 1997; Pub. L.
95-163, 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95-504, 2(b),
Oct. 24, 1978, 92 Stat. 1705; Pub. L. 97-351, 3, Oct. 18, 1982, 96
Stat. 1666.)
Section 101(38) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(38)), referred to in subsec. (c), is classified to section
1301(38) of Title 49, Appendix, Transportation.
1982 -- Subsec. (b)(5). Pub. L. 97-351 inserted provision relating
to a public organization created pursuant to treaty or other agreement
under international law as an instrument through or by which two or more
foreign governments engage in some aspect of their conduct of foreign
affairs.
1978 -- Subsec. (c). Pub. L. 95-504 substituted reference to section
101(38) of the Federal Aviation Act of 1958 for reference to section
101(35) of such Act.
1977 -- Subsec. (c). Pub. L. 95-163 substituted reference to section
101(35) of the Federal Aviation Act of 1958 for reference to section
101(34) of such Act.
1976 -- Catchline. Pub. L. 94-467 substituted ''official guests, or
internationally protected persons'' for ''or official guests''.
Subsec. (a). Pub. L. 94-467 inserted reference to internationally
protected persons, section 1113 of this title, and the punishment for a
person convicted of attempted murder.
Subsec. (b). Pub. L. 94-467 designated existing provision, relating
to definition of ''foreign official'' as par. (3)(A), (B), and added
pars. (1), (2), (4), (5) and (6).
Subsec. (c). Pub. L. 94-467 substituted provision permitting the
United States to exercise jurisdiction over an offense if the victim is
an internationally protected person and the alleged offender is present
within the United States for provision which defined ''foreign
government'', ''international organization'', ''family'', and ''official
guest''.
Subsec. (d). Pub. L. 94-467 added subsec. (d).
18 USC 1117. Conspiracy to murder
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
If two or more persons conspire to violate section 1111, 1114, or
1116 of this title, and one or more of such persons do any overt act to
effect the object of the conspiracy, each shall be punished by
imprisonment for any term of years or for life.
(Added Pub. L. 92-539, title I, 101, Oct. 24, 1972, 86 Stat. 1071.)
18 USC CHAPTER 53 -- INDIANS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1151. Indian country defined.
1152. Laws governing.
1153. Offenses committed within Indian country.
1154. Intoxicants dispensed in Indian country.
1155. Intoxicants dispensed on school site.
1156. Intoxicants possessed unlawfully.
(1157. Repealed.)
1158. Counterfeiting Indian Arts and Crafts Board trade mark.
1159. Misrepresentation of Indian produced goods and products.
1160. Property damaged in committing offense.
1161. Application of Indian liquor laws.
1162. State jurisdiction over offenses committed by or against
Indians in the Indian country.
1163. Embezzlement and theft from Indian tribal organizations.
1164. Destroying boundary and warning signs.
1165. Hunting, trapping, or fishing on Indian land.
1166. Gambling in Indian country.
1167. Theft from gaming establishments on Indian lands.
1168. Theft by officers or employees of gaming establishments on
Indian lands.
1169. Reporting of child abuse.
1170. Illegal Trafficking in Native American Human Remains and
Cultural Items.
1990 -- Pub. L. 101-647, title XXXV, 3536, Nov. 29, 1990, 104
Stat. 4925, struck out item 1157 ''Livestock sold or removed''.
Pub. L. 101-644, title I, 104(b), Nov. 29, 1990, 104 Stat. 4663,
substituted ''Misrepresentation of Indian produced goods and products''
for ''Misrepresentation in sale of products'' in item 1159.
Pub. L. 101-630, title IV, 404(a)(2), Nov. 28, 1990, 104 Stat.
4548, which directed amendment of table of contents by adding at end
thereof item 1169, was executed by adding item 1169 after item 1168 to
reflect the probable intent of Congress and intervening amendment by
Pub. L. 101-601, see below.
Pub. L. 101-601, 4(b), Nov. 16, 1990, 104 Stat. 3052, added item
1170.
1988 -- Pub. L. 100-497, 24, Oct. 17, 1988, 102 Stat. 2488, added
items 1166, 1167, and 1168.
1960 -- Pub. L. 86-634, 3, July 12, 1960, 74 Stat. 469, added
items 1164 and 1165.
1956 -- Act Aug. 1, 1956, ch. 822, 1, 70 Stat. 792, added item
1163.
1953 -- Act Aug. 15, 1953, ch. 502, 1, 67 Stat. 586, added item
1161.
Act Aug. 15, 1953, ch. 505, 1, 67 Stat. 588, added item 1162.
Government employee having interest in Indian contracts, see section
437 of this title.
Receiving money in connection with Indian contracts for services, see
section 438 of this title.
Unauthorized Indian enrollment contracts, or receiving money in
connection with such contracts, see section 439 of this title.
18 USC 1151. Indian country defined
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Except as otherwise provided in sections 1154 and 1156 of this title,
the term ''Indian country'', as used in this chapter, means (a) all land
within the limits of any Indian reservation under the jurisdiction of
the United States Government, notwithstanding the issuance of any
patent, and, including rights-of-way running through the reservation,
(b) all dependent Indian communities within the borders of the United
States whether within the original or subsequently acquired territory
thereof, and whether within or without the limits of a state, and (c)
all Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
(June 25, 1948, ch. 645, 62 Stat. 757; May 24, 1949, ch. 139, 25,
63 Stat. 94.)
Based on sections 548 and 549 of title 18, and sections 212, 213,
215, 217, 218 of title 25, Indians, U.S. Code, 1940 ed. (R.S. 2142,
2143, 2144, 2145, 2146; Feb. 18, 1875, ch. 80, 1, 18 Stat. 318; Mar.
4, 1909, ch. 321, 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231,
291, 36 Stat. 1167; June 28, 1932, ch. 284, 47 Stat. 337).
This section consolidates numerous conflicting and inconsistent
provisions of law into a concise statement of the applicable law.
R.S. 2145, 2146 (U.S.C., title 25, 217, 218) extended to the
Indian country with notable exceptions the criminal laws of the United
States applicable to places within the exclusive jurisdiction of the
United States. Crimes of Indians against Indians, and crimes punishable
by tribal law were excluded.
The confusion was not lessened by the cases of U.S. v. McBratney, 104
U.S. 622 and Draper v. U.S., 17 S.Ct. 107, holding that crimes in
Indian country by persons not Indians are not cognizable by Federal
courts in absence of reservation or cession of exclusive jurisdiction
applicable to places within the exclusive jurisdiction of the United
States. Because of numerous statutes applicable only to Indians and
prescribing punishment for crimes committed by Indians against Indians,
''Indian country'' was defined but once. (See act June 30, 1834, ch.
161, 1, 4, Stat. 729, which was later repealed.)
Definition is based on latest construction of the term by the United
States Supreme Court in U.S. v. McGowan, 58 S.Ct. 286, 302 U.S. 535,
following U.S. v. Sandoval, 34 S.Ct. 1, 5, 231 U.S. 28, 46. (See also
Donnelly v. U.S., 33 S.Ct. 449, 228 U.S. 243; and Kills Plenty v. U.S.,
133 F.2d 292, certiorari denied, 1943, 63 S.Ct. 1172). (See reviser's
note under section 1153 of this title.)
Indian allotments were included in the definition on authority of the
case of U.S. v. Pelican, 1913, 34 S.Ct. 396, 232 U.S. 442, 58 L.Ed. 676.
This section (section 25), by adding to section 1151 of title 18,
U.S.C., the phrase ''except as otherwise provided in sections 1154 and
1156 of this title'', incorporates in this section the limitations of
the term ''Indian country'' which are added to sections 1154 and 1156 by
sections 27 and 28 of this bill.
1949 -- Act May 24, 1949, incorporated the limitations of term
''Indian country'' which are contained in sections 1154 and 1156 of this
title.
Pub. L. 94-297, 1, May 29, 1976, 90 Stat. 585, provided: ''That
this Act (amending sections 113, 1153, and 3242 of this title) may be
cited as the 'Indian Crimes Act of 1976'.''
Destroying boundary and warning signs, see section 1164 of this
title.
title 16 sections 3371, 3377; title 25 sections
1616e-1, 1903, 2801, 3202; title 33 section 1377;
title 42 section 10101.
18 USC 1152. Laws governing
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Except as otherwise expressly provided by law, the general laws of
the United States as to the punishment of offenses committed in any
place within the sole and exclusive jurisdiction of the United States,
except the District of Columbia, shall extend to the Indian country.
This section shall not extend to offenses committed by one Indian
against the person or property of another Indian, nor to any Indian
committing any offense in the Indian country who has been punished by
the local law of the tribe, or to any case where, by treaty
stipulations, the exclusive jurisdiction over such offenses is or may be
secured to the Indian tribes respectively.
(June 25, 1948, ch. 645, 62 Stat. 757.)
Based on sections 215, 217, 218 of title 25, U.S.C., 1940 ed.,
Indians (R.S. 2144, 2145, 2146; Feb. 18, 1875, ch. 80, 1, 18 Stat.
318).
Section consolidates said sections 217 and 218 of title 25, U.S.C.,
1940 ed., Indians, and omits section 215 of said title as covered by the
consolidation.
See reviser's note under section 1153 of this title as to effect of
consolidation of sections 548 and 549 of title 18, U.S.C., 1940 ed.
Minor changes were made in translations and phraseology.
State jurisdiction over offenses committed by or against Indians in
the Indian country, see section 1162 of this title.
18 USC 1153. Offenses committed within Indian country
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any Indian who commits against the person or property of another
Indian or other person any of the following offenses, namely, murder,
manslaughter, kidnaping, maiming, a felony under chapter 109A, incest,
assault with intent to commit murder, assault with a dangerous weapon,
assault resulting in serious bodily injury, arson, burglary, robbery,
and a felony under section 661 of this title within the Indian country,
shall be subject to the same law and penalties as all other persons
committing any of the above offenses, within the exclusive jurisdiction
of the United States.
(b) Any offense referred to in subsection (a) of this section that is
not defined and punished by Federal law in force within the exclusive
jurisdiction of the United States shall be defined and punished in
accordance with the laws of the State in which such offense was
committed as are in force at the time of such offense.
(June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, 26,
63 Stat. 94; Nov. 2, 1966, Pub. L. 89-707, 1, 80 Stat. 1100; Apr. 11,
1968, Pub. L. 90-284, title V, 501, 82 Stat. 80; May 29, 1976, Pub. L.
94-297, 2, 90 Stat. 585; Oct. 12, 1984, Pub. L. 98-473, title II,
1009, 98 Stat. 2141; May 15, 1986, Pub. L. 99-303, 100 Stat. 438; Nov.
10, 1986, Pub. L. 99-646, 87(c)(5), 100 Stat. 3623; Nov. 14, 1986,
Pub. L. 99-654, 3(a)(5), 100 Stat. 3663; Nov. 18, 1988, Pub. L.
100-690, title VII, 7027, 102 Stat. 4397.)
Based on title 18, U.S.C., 1940 ed., 548, 549 (Mar. 4, 1909, ch.
321, 328, 329, 35 Stat. 1151; Mar. 3, 1911, ch. 231, 291, 36 Stat.
1167; June 28, 1932, ch. 284, 47 Stat. 337).
Section consolidates said sections 548 and 549 of title 18, U.S.C.,
1940 ed. Section 548 of said title covered 10 crimes. Section 549 of
said title covered the same except robbery and incest.
The 1932 amendment of section 548 of title 18, U.S.C., 1940 ed.,
constituting the last paragraph of the section, is omitted and section
549 of said title to which it applied likewise is omitted. The revised
section therefore suffices to cover prosecution of the specific offenses
committed on all reservations as intended by Congress.
Words ''Indian country'' were substituted for language relating to
jurisdiction extending to reservations and rights-of-way, in view of
definitive section 1151 of this title.
Paul W. Hyatt, president, board of commissioners, Idaho State Bar,
recommended that said section 548 be considered with other sections in
title 25, Indians, U.S.C., 1940 ed., and revised to insure certainty as
to questions of jurisdiction, and punishment on conviction. Insofar as
the recommendation came within the scope of this revision, it was
followed.
The proviso in said section 548 of title 18, U.S.C., 1940 ed., which
provided that rape should be defined in accordance with the laws of the
State in which the offense was committed, was changed to include
burglary so as to clarify the punishment for that offense.
Venue provisions of said section 548 of title 18, U.S.C., 1940 ed.,
are incorporated in section 3242 of this title.
Section 549 of title 18, U.S.C., 1940 ed., conferred special
jurisdiction on the United States District Court for South Dakota of all
crimes of murder, manslaughter, rape, assault with intent to kill,
assault with a dangerous weapon, arson, burglary, and larceny committed
within the limits of any Indian reservation within the State, whether by
or against Indians or non-Indians. The Act of February 2, 1903, 32
Stat. 793, from which said section 549 was derived, accepted the
cession by South Dakota of such jurisdiction.
The effect of revised sections 1151, 1152, and 1153 of this title is
to deprive the United States District Court for the District of South
Dakota of jurisdiction of offenses on Indian reservations committed by
non-Indians against non-Indians and to restore such jurisdiction to the
courts of the State of South Dakota as in other States. This reflects
the views of the United States attorney, George Philip, of the district
of South Dakota.
Minor changes were made in translation and phraseology.
This section (section 26) removes an ambiguity in section 1153 of
title 18, U.S.C., by eliminating the provision that the crime of rape in
the Indian country is to be punished in accordance with the law of the
State where the offense was committed, leaving the definition of the
offense to be determined by State law, but providing that punishment of
rape of an Indian by an Indian is to be by imprisonment at the
discretion of the court. The offense of rape, other than rape of an
Indian by an Indian within the Indian country, is covered by section
2031 of title 18, U.S.C., and the offense of burglary by sections 1152
and 3242 of such title.
1988 -- Subsec. (a). Pub. L. 100-690 substituted ''maiming, a felony
under chapter 109A, incest'' for '''maiming' and all that follows
through 'incest''', thus clarifying execution of amendment by Pub. L.
99-646 and Pub. L. 99-654 but resulting in no change in text. See 1986
Amendment note below.
1986 -- Pub. L. 99-646 and Pub. L. 99-654 which directed that
section be amended identically by substituting in first par. ''a felony
under chapter 109A,'' for ''rape, involuntary sodomy, carnal knowledge
of any female, not his wife, who has not attained the age of sixteen
years, assault with intent to commit rape,'' and by striking out in
second and third pars. '', involuntary sodomy,'' was executed by making
the substitution in subsec. (a) for ''rape, involuntary sodomy,
felonious sexual molestation of a minor, carnal knowledge of any female,
not his wife, who has not attained the age of sixteen years, assault
with intent to commit rape,'' to reflect the probable intent of Congress
in view of prior amendment of this section by Pub. L. 99-303, but
amendment to second and third pars. could not be executed because such
pars. were struck out by Pub. L. 99-303.
Pub. L. 99-303 inserted section catchline which had been eliminated
by general amendment by section 1009 of Pub. L. 98-473, designated
first par. as subsec. (a) and inserted ''felonious sexual molestation
of a minor,'', struck out second par. which provided that, as used in
this section, the offenses of burglary, involuntary sodomy, and incest
be defined and punished in accordance with the laws of the State in
which such offense was committed as are in force at the time of such
offense, and struck out third par. and restated the provisions thereof
in a new subsec. (b), substituting ''Any offense referred to in
subsection (a) of this section that is'' for ''In addition to the
offenses of burglary, involuntary sodomy, and incest, any other of the
above offenses which are''.
1984 -- Pub. L. 98-473 amended section generally, inserting offenses
of maiming, involuntary sodomy and a felony committed under section 661
of this title and striking out reference to larceny in first par., and
inserting '', involuntary sodomy,'' after ''burglary'' in third par.
1976 -- Pub. L. 94-297 made changes in phraseology, added offense of
kidnapping to the enumerated list of offenses subjecting any Indian to
the same laws and penalties as all other persons, struck out
applicability to assault with a dangerous weapon and assault resulting
in serious bodily injury from paragraph covering the offenses of
burglary and incest only, and substituted paragraph, relating to
offenses in addition to offenses of burglary and incest, for paragraph
relating to offenses of rape and assault with intent to commit rape.
1968 -- Pub. L. 90-284 inserted offense of assault resulting in
serious bodily injury.
1966 -- Pub. L. 89-707 inserted offenses of carnal knowledge and
assault with intent to commit rape, defined and proscribed the
punishment for assault with intent to commit rape in accordance with the
laws of the State in which the offense was committed, and required
assault with a dangerous weapon and incest to be defined and punished in
accordance with the laws of the State in which the offense was
committed.
1949 -- Act May 24, 1949, struck out provision that the crime of rape
is to be punished in accordance with the law of the State where the
offense was committed and in lieu inserted provision leaving punishment
up to the discretion of the court.
Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective,
respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14,
1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L.
99-654, set out as an Effective Date note under section 2241 of this
title.
Jurisdiction --
Conferred on State of Kansas, see section 3243 of this title.
Offenses, see section 3242 of this title.
State jurisdiction over offenses committed by or against Indians in
the Indian country, see section 1162 of this title.
Wire or oral communications, authorization for interception, to
provide evidence of murder or robbery, see section 2516 of this title.
18 USC 1154. Intoxicants dispensed in Indian country
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever sells, gives away, disposes of, exchanges, or barters any
malt, spirituous, or vinous liquor, including beer, ale, and wine, or
any ardent or other intoxicating liquor of any kind whatsoever, except
for scientific, sacramental, medicinal or mechanical purposes, or any
essence, extract, bitters, preparation, compound, composition, or any
article whatsoever, under any name, label, or brand, which produces
intoxication, to any Indian to whom an allotment of land has been made
while the title to the same shall be held in trust by the Government, or
to any Indian who is a ward of the Government under charge of any Indian
superintendent, or to any Indian, including mixed bloods, over whom the
Government, through its departments, exercises guardianship, and whoever
introduces or attempts to introduce any malt, spirituous, or vinous
liquor, including beer, ale, and wine, or any ardent or intoxicating
liquor of any kind whatsoever into the Indian country, shall, for the
first offense, be fined not more than $500 or imprisoned not more than
one year, or both; and, for each subsequent offense, be fined not more
than $2,000 or imprisoned not more than five years, or both.
(b) It shall be a sufficient defense to any charge of introducing or
attempting to introduce ardent spirits, ale, beer, wine, or intoxicating
liquors into the Indian country that the acts charged were done under
authority, in writing, from the Department of the Army or any officer
duly authorized thereunto by the Department of the Army, but this
subsection shall not bar the prosecution of any officer, soldier, sutler
or storekeeper, attache1, or employee of the Army of the United States
who barters, donates, or furnishes in any manner whatsoever liquors,
beer, or any intoxicating beverage whatsoever to any Indian.
(c) The term ''Indian country'' as used in this section does not
include fee-patented lands in non-Indian communities or rights-of-way
through Indian reservations, and this section does not apply to such
lands or rights-of-way in the absence of a treaty or statute extending
the Indian liquor laws thereto.
(June 25, 1948, ch. 645, 62 Stat. 758; May 24, 1949, ch. 139, 27,
63 Stat. 94.)
Based on sections 241, 242, 244a, 249, 254 of title 25, U.S.C., 1940
ed., Indians (R.S. 2139; Feb. 27, 1877, ch. 69, 1, 19 Stat. 244;
July 4, 1884, ch. 180, 1, 23 Stat. 94; July 23, 1892, ch. 234, 27
Stat. 260; Mar. 2, 1917, ch. 146, 17, 39 Stat. 983; June 13, 1932,
ch. 245, 47 Stat. 302; Mar. 5, 1934, ch. 43, 48 Stat. 396; June 27,
1934, ch. 846, 48 Stat. 1245; June 15, 1938, ch. 435, 1, 52 Stat.
696).
Section consolidates sections 241, 242, 244a, and 249 of title 25,
U.S.C., 1940 ed., Indians. The portion of section 241 of said title
which defined the substantive offense became subsection (a); the
portion relating to the scope of the term ''Indian country'' was omitted
as unnecessary in view of definition of ''Indian country'' in section
1151 of this title; the portion of section 241 of said title excepting
liquors introduced by the War Department became subsection (c), as
limited by section 249 of said title; the portion respecting making
complaint in county of offense, and with reference to arraignment, was
omitted as covered by rule 5 of the Federal Rules of Criminal Procedure;
and the remainder of section 241 of said title was incorporated in
section 1156 of this title.
Section 254 of title 25, U.S.C., 1940 ed., Indians, was omitted as
covered by this section and section 1156 of this title. That section
was enacted in 1934 and excluded from the Indian liquor laws lands
outside reservations where the land was no longer held by Indians under
a trust patent or a deed or patent containing restrictions against
alienation. Such enactment was prior to the June 15, 1938, amendment of
section 241 of title 25, U.S.C., 1940 ed., Indians, in which the term
''Indian country'' was defined as including allotments where the title
was held in trust by the Government or where it was inalienable without
the consent of the United States. This provision, by implication,
excluded cases where there was no trust or restriction on alienation and
thereby achieved the same result as section 254 of title 25, U.S.C.,
1940 ed., Indians. That amendment also repealed the act of Jan. 30,
1897, referred to in section 254 of title 25, U.S.C., 1940 ed., Indians.
Insofar as the reference in section 254 of said title to ''special
Indian liquor laws'' included section 244 of title 25, U.S.C., 1940 ed.,
Indians, the definition of Indian country in section 1151 of this title
covers section 254 of title 25, U.S.C., 1940 ed., Indians.
Words ''or agent'' were deleted as there have been no Indian agents
since 1908. See section 64 of title 25, U.S.C., 1940 ed., Indians, and
note thereunder.
Mandatory punishment provisions were rephrased in the alternative and
provision for commitment for nonpayment of fine was deleted. This
change was also recommended by United States District Judge T. Blake
Kennedy on the ground that, otherwise, section would be practically
meaningless since, in most cases, offenders cannot pay a fine.
The exception of intoxicating liquor for scientific, sacramental,
medicinal or mechanical purposes was inserted for the same reason that
makes this exception appropriate to section 1262 of this title.
Minor changes were made in phraseology.
Subsection (a) of this section (section 27(a)) substitutes
''Department of the Army'' for ''War Department'', in subsection (b) of
section 1154 of title 18, U.S.C., to conform to such redesignation by
act July 26, 1947 (ch. 343, title 11, 205(a), 61 Stat. 501 (5 U.S.C.,
1946 ed., 181-1)). Subsection (b) of this section (section 27(b)) adds
subsection (c) to such section 1154 in order to conform it and section
1156 more closely to the laws relating to intoxicating liquor in the
Indian country as they have heretofore been construed.
1949 -- Subsec. (b). Act May 24, 1949, 27(a), substituted
''Department of the Army'' for ''War Department''.
Subsec. (c). Act May 24, 1949, 27(b), added subsec. (c).
Functions of all other officers of Department of the Interior and
functions of all agencies and employees of such Department, with two
exceptions, transferred to Secretary of the Interior, with power vested
in him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 3 of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1262, set out in the Appendix to Title 5, Government Organization and
Employees.
Application of Indian liquor laws, see section 1161 of this title.
Indian country, general definition, see section 1151 of this title.
Possession as prima facie evidence, see section 3488 of this title.
Searches, seizures, and forfeitures; Indians as competent witnesses,
see section 3113 of this title.
Seizure and forfeiture of vehicles, see section 3669 of this title.
18 USC 1155. Intoxicants dispensed on school site
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, on any tract of land in the former Indian country upon which
is located any Indian school maintained by or under the supervision of
the United States, manufactures, sells, gives away, or in any manner, or
by any means furnishes to anyone, either for himself or another, any
vinous, malt, or fermented liquors, or any other intoxicating drinks of
any kind whatsoever, except for scientific, sacramental, medicinal or
mechanical purposes, whether medicated or not, or who carries, or in any
manner has carried, into such area any such liquors or drinks, or who
shall be interested in such manufacture, sale, giving away, furnishing
to anyone, or carrying into such area any of such liquors or drinks,
shall be fined not more than $500 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 758.)
Based on sections 241a, 244a, of title 25, U.S.C., 1940 ed., Indians
(Mar. 1, 1895, ch. 145, 8, 28 Stat. 697; Mar. 5, 1934, ch. 43, 48
Stat. 396.)
Section consolidates sections 241a and 244a of title 25, U.S.C., 1940
ed., Indians. The effect of section 244a of said title in repealing
section 241a of said title, except as to lands upon which Indian schools
are maintained, was to continue prohibiting the dispensing of liquor in
such areas.
The words ''upon conviction thereof'' were omitted as unnecessary,
since punishment cannot be imposed until a conviction is secured.
The minimum punishment provision was omitted to conform to the policy
adopted in revision of the 1909 Criminal Code.
Mandatory punishment provision was rephrased in the alternative.
The exception of intoxicating liquor for scientific, sacramental,
medicinal or mechanical purposes was inserted for the same reason that
makes this exception appropriate to section 1262 of this title.
Minor changes were made in phraseology.
18 USC 1156. Intoxicants possessed unlawfully
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, except for scientific, sacramental, medicinal or mechanical
purposes, possesses intoxicating liquors in the Indian country or where
the introduction is prohibited by treaty or an Act of Congress, shall,
for the first offense, be fined not more than $500 or imprisoned not
more than one year, or both; and, for each subsequent offense, be fined
not more than $2,000 or imprisoned not more than five years, or both.
The term ''Indian country'' as used in this section does not include
fee-patented lands in non-Indian communities or rights-of-way through
Indian reservations, and this section does not apply to such lands or
rights-of-way in the absence of a treaty or statute extending the Indian
liquor laws thereto.
(June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949, ch. 139, 28,
63 Stat. 94.)
Based on sections 241, 244, 244a, 254 of title 25, U.S.C., 1940 ed.,
Indians (R.S. 2139; Feb. 27, 1877, ch. 69, 1, 19 Stat. 244; July 23,
1892, ch. 234, 27 Stat. 260; May 25, 1918, ch. 86, 1, 40 Stat. 563;
June 30, 1919, ch. 4, 1, 41 Stat. 4; Mar. 5, 1934, ch. 43, 48 Stat.
396; June 27, 1934, ch. 846, 48 Stat. 1245; June 15, 1938, ch. 435,
1, 52 Stat. 696).
The revision of section 244 of title 25, U.S.C., 1940 ed., Indians,
conforms with the effect thereon of sections 241, 244a, and 254 of said
title.
The provisions relating to scope of term ''Indian country'' were
omitted as unnecessary in view of definition of ''Indian country'' in
section 1151 of this title.
Mandatory punishment provisions were rephrased in the alternative and
provision for commitment for nonpayment of fine was deleted. Such
change was also recommended by United States District Judge T. Blake
Kennedy. (See reviser's note under section 1154 of this title.)
The exception of intoxicating liquor for scientific, sacramental,
medicinal or mechanical purposes was inserted for the same reason that
makes this exception appropriate to section 1262 of this title.
Minor changes were made in phraseology.
This section (section 28) adds to section 1156 of title 18, U.S.C., a
paragraph to conform this section and section 1154 of such title more
closely to the laws relating to intoxicating liquors in the Indian
country as they have been heretofore construed.
1949 -- Act May 24, 1949, inserted last par.
Application of Indian liquor laws, see section 1161 of this title.
Indian country defined, see section 1151 of this title.
Possession as prima facie evidence, see section 3488 of this title.
Searches, seizures, and forfeitures; Indians as competent witnesses,
see section 3113 of this title.
Seizure and forfeiture of vehicles, see section 3669 of this title.
18 USC ( 1157. Repealed. Pub. L. 85-86, July 10, 1957, 71 Stat. 277)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, acts June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949,
ch. 139, 29, 63 Stat. 94; Aug. 15, 1953, ch. 506, 2(a), 67 Stat.
590, prohibited purchase of Indian-owned livestock subject to unpaid
loans from Federal revolving fund or from tribal loan funds.
18 USC 1158. Counterfeiting Indian Arts and Crafts Board trade mark
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever counterfeits or colorably imitates any Government trade mark
used or devised by the Indian Arts and Crafts Board in the Department of
the Interior as provided in section 305a of Title 25, or, except as
authorized by the Board, affixes any such Government trade mark, or
knowingly, willfully, and corruptly affixes any reproduction,
counterfeit, copy, or colorable imitation thereof upon any products, or
to any labels, signs, prints, packages, wrappers, or receptacles
intended to be used upon or in connection with the sale of such
products; or
Whoever knowingly makes any false statement for the purpose of
obtaining the use of any such Government trade mark --
Shall (1) in the case of a first violation, if an individual, be
fined not more than $250,000 or imprisoned not more than five years, or
both, and, if a person other than an individual, be fined not more than
$1,000,000; and (2) in the case of subsequent violations, if an
individual, be fined not more than $1,000,000 or imprisoned not more
than fifteen years, or both, and, if a person other than an individual,
be fined not more than $5,000,000; and (3) shall be enjoined from
further carrying on the act or acts complained of.
(June 25, 1948, ch. 645, 62 Stat. 759; Nov. 29, 1990, Pub. L.
101-644, title I, 106, 104 Stat. 4665.)
Based on section 305d of title 25, U.S.C., 1940 ed., Indians (Aug.
27, 1935, ch. 748, 5, 49 Stat. 892).
The reference to the offense as a misdemeanor was omitted as
unnecessary in view of the definition of misdemeanor in section 1 of
this title.
The words ''upon conviction thereof'' were omitted as unnecessary,
since punishment cannot be imposed until a conviction is secured.
Maximum fine was changed from $2,000 to $500 to bring the offense
within the category of petty offenses defined by section 1 of this
title. (See reviser's note under section 1157 of this title.)
Minor changes were made in phraseology.
1990 -- Pub. L. 101-644, in third undesignated par., added cls. (1)
and (2), struck out ''be fined not more than $500 or imprisoned not more
than six months, or both; and'' after ''Shall'', and designated
remaining provision at end as cl. (3).
Functions of all other officers of Department of the Interior and
functions of all agencies and employees of such Department, with two
exceptions, transferred to Secretary of the Interior, with power vested
in him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 3 of 1950 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1262, set out in the Appendix to Title 5, Government Organization and
Employees.
18 USC 1159. Misrepresentation of Indian produced goods and products
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It is unlawful to offer or display for sale or sell any good,
with or without a Government trademark, in a manner that falsely
suggests it is Indian produced, an Indian product, or the product of a
particular Indian or Indian tribe or Indian arts and crafts
organization, resident within the United States.
(b) Whoever knowingly violates subsection (a) shall --
(1) in the case of a first violation, if an individual, be fined not
more than $250,000 or imprisoned not more than five years, or both, and,
if a person other than an individual, be fined not more than $1,000,000;
and
(2) in the case of subsequent violations, if an individual, be fined
not more than $1,000,000 or imprisoned not more than fifteen years, or
both, and, if a person other than an individual, be fined not more than
$5,000,000.
(c) As used in this section --
(1) the term ''Indian'' means any individual who is a member of an
Indian tribe, or for the purposes of this section is certified as an
Indian artisan by an Indian tribe;
(2) the terms ''Indian product'' and ''product of a particular Indian
tribe or Indian arts and crafts organization'' has the meaning given
such term in regulations which may be promulgated by the Secretary of
the Interior;
(3) the term ''Indian tribe'' means --
(A) any Indian tribe, band, nation, Alaska Native village, or other
organized group or community which is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians; or
(B) any Indian group that has been formally recognized as an Indian
tribe by a State legislature or by a State commission or similar
organization legislatively vested with State tribal recognition
authority; and
(4) the term ''Indian arts and crafts organization'' means any
legally established arts and crafts marketing organization composed of
members of Indian tribes.
(d) In the event that any provision of this section is held invalid,
it is the intent of Congress that the remaining provisions of this
section shall continue in full force and effect.
(June 25, 1948, ch. 645, 62 Stat. 759; Nov. 29, 1990, Pub. L.
101-644, title I, 104(a), 104 Stat. 4663.)
Based on section 305e of title 25, U.S.C., 1940 ed., Indians (Aug.
27, 1935, ch. 748, 6, 49 Stat. 893).
The reference to the offense as a misdemeanor was omitted as
unnecessary in view of the definition of misdemeanor in section 1 of
this title.
The last paragraph of section 305e of title 25, U.S.C., 1940 ed.,
relating to duty of district attorney to prosecute violations of such
section, will be incorporated in title 28, U.S. Code.
Maximum fine of $2,000 was changed to $500 to bring the offense
within the category of petty offenses defined by section 1 of this
title. (See reviser's note under section 1157 of this title.)
Minor changes were made in phraseology.
1990 -- Pub. L. 101-644 substituted ''Misrepresentation of Indian
produced goods and products'' for ''Misrepresentation in sale of
products'' in section catchline and amended text generally. Prior to
amendment, text read as follows: ''Whoever willfully offers or displays
for sale any goods, with or without any Government trade mark, as Indian
products or Indian products of a particular Indian tribe or group,
resident within the United States or the Territory of Alaska, when such
person knows such goods are not Indian products or are not Indian
products of the particular Indian tribe or group, shall be fined not
more than $500 or imprisoned not more than six months, or both.''
For purposes of this section, an Indian tribe may not impose fee to
certify individual as Indian artisan, with ''Indian tribe'' having same
meaning as in subsec. (c)(3) of this section, see section 107 of Pub.
L. 101-644, set out as a note under section 305e of Title 25, Indians.
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
18 USC 1160. Property damaged in committing offense
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever a white person, in the commission of an offense within the
Indian country takes, injures or destroys the property of any friendly
Indian the judgment of conviction shall include a sentence that the
defendant pay to the Indian owner a sum equal to twice the just value of
the property so taken, injured, or destroyed.
If such offender shall be unable to pay a sum at least equal to the
just value or amount, whatever such payment shall fall short of the same
shall be paid out of the Treasury of the United States. If such
offender cannot be apprehended and brought to trial, the amount of such
property shall be paid out of the Treasury. But no Indian shall be
entitled to any payment out of the Treasury of the United States, for
any such property, if he, or any of the nation to which he belongs, have
sought private revenge, or have attempted to obtain satisfaction by any
force or violence.
(June 25, 1948, ch. 645, 62 Stat. 759.)
Based on sections 227, 228 of title 25, U.S.C., 1940 ed., Indians
(R.S. 2154, 2155).
Section consolidates said sections 227 and 228 of title 25, U.S.C.,
1940 ed., Indians, with such changes in phraseology as were necessary to
effect consolidation.
The phrase ''or whose person was injured,'' which followed the words
''friendly Indian to whom the property may belong,'' was deleted as
meaningless.
18 USC 1161. Application of Indian liquor laws
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisions of sections 1154, 1156, 3113, 3488, and 3669, of this
title, shall not apply within any area that is not Indian country, nor
to any act or transaction within any area of Indian country provided
such act or transaction is in conformity both with the laws of the State
in which such act or transaction occurs and with an ordinance duly
adopted by the tribe having jurisdiction over such area of Indian
country, certified by the Secretary of the Interior, and published in
the Federal Register.
(Added Aug. 15, 1953, ch. 502, 2, 67 Stat. 586; amended Oct. 12,
1984, Pub. L. 98-473, title II, 223(b), 98 Stat. 2028.)
1984 -- Pub. L. 98-473 substituted ''3669'' for ''3618''.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
18 USC 1162. State jurisdiction over offenses committed by or against
Indians in the Indian country
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Each of the States or Territories listed in the following table
shall have jurisdiction over offenses committed by or against Indians in
the areas of Indian country listed opposite the name of the State or
Territory to the same extent that such State or Territory has
jurisdiction over offenses committed elsewhere within the State or
Territory, and the criminal laws of such State or Territory shall have
the same force and effect within such Indian country as they have
elsewhere within the State or Territory:
(b) Nothing in this section shall authorize the alienation,
encumbrance, or taxation of any real or personal property, including
water rights, belonging to any Indian or any Indian tribe, band, or
community that is held in trust by the United States or is subject to a
restriction against alienation imposed by the United States; or shall
authorize regulation of the use of such property in a manner
inconsistent with any Federal treaty, agreement, or statute or with any
regulation made pursuant thereto; or shall deprive any Indian or any
Indian tribe, band, or community of any right, privilege, or immunity
afforded under Federal treaty, agreement, or statute with respect to
hunting, trapping, or fishing or the control, licensing, or regulation
thereof.
(c) The provisions of sections 1152 and 1153 of this chapter shall
not be applicable within the areas of Indian country listed in
subsection (a) of this section as areas over which the several States
have exclusive jurisdiction.
(Added Aug. 15, 1953, ch. 505, 2, 67 Stat. 588; amended Aug. 24,
1954, ch. 910, 1, 68 Stat. 795; Aug. 8, 1958, Pub. L. 85-615, 1, 72
Stat. 545; Nov. 25, 1970, Pub. L. 91-523, 1, 2, 84 Stat. 1358.)
1970 -- Subsec. (a). Pub. L. 91-523, 1, substituted provisions
relating to the jurisdiction of the State of Alaska over offenses by or
against Indians in the Indian country, and certain excepted areas, for
provisions relating to the jurisdiction of the Territory of Alaska over
offenses by or against Indians in the Indian country.
Subsec. (c). Pub. L. 91-523, 2, inserted ''as areas over which the
several States have exclusive jurisdiction'' after ''subsection (a) of
this section''.
1958 -- Subsec. (a). Pub. L. 85-615 gave Alaska jurisdiction over
offenses committed by or against Indians in all Indian country within
the Territory of Alaska.
1954 -- Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe
within the provisions of this section.
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 339, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Amendment of State Constitutions to remove legal impediments and
effective date thereof, see note set out under section 1360 of Title 28,
Judiciary and Judicial Procedure.
Consent of United States to other States to assume jurisdiction, see
note set out under section 1360 of Title 28.
Retrocession of criminal jurisdiction by State, see section 1323 of
Title 25, Indians.
18 USC 1163. Embezzlement and theft from Indian tribal organizations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever embezzles, steals, knowingly converts to his use or the use
of another, willfully misapplies, or willfully permits to be misapplied,
any of the moneys, funds, credits, goods, assets, or other property
belonging to any Indian tribal organization or intrusted to the custody
or care of any officer, employee, or agent of an Indian tribal
organization; or
Whoever, knowing any such moneys, funds, credits, goods, assets, or
other property to have been so embezzled, stolen, converted, misapplied
or permitted to be misapplied, receives, conceals, or retains the same
with intent to convert it to his use or the use of another --
Shall be fined not more than $5,000, or imprisoned not more than five
years, or both; but if the value of such property does not exceed the
sum of $100, he shall be fined not more than $1,000, or imprisoned not
more than one year, or both.
As used in this section, the term ''Indian tribal organization''
means any tribe, band, or community of Indians which is subject to the
laws of the United States relating to Indian affairs or any corporation,
association, or group which is organized under any of such laws.
(Added Aug. 1, 1956, ch. 822, 2, 70 Stat. 792.)
18 USC 1164. Destroying boundary and warning signs
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully destroys, defaces, or removes any sign erected by
an Indian tribe, or a Government agency (1) to indicate the boundary of
an Indian reservation or of any Indian country as defined in section
1151 of this title or (2) to give notice that hunting, trapping, or
fishing is not permitted thereon without lawful authority or permission,
shall be fined not more than $250 or imprisoned not more than six
months, or both.
(Added Pub. L. 86-634, 1, July 12, 1960, 74 Stat. 469.)
18 USC 1165. Hunting, trapping, or fishing on Indian land
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, without lawful authority or permission, willfully and
knowingly goes upon any land that belongs to any Indian or Indian tribe,
band, or group and either are held by the United States in trust or are
subject to a restriction against alienation imposed by the United
States, or upon any lands of the United States that are reserved for
Indian use, for the purpose of hunting, trapping, or fishing thereon, or
for the removal of game, peltries, or fish therefrom, shall be fined not
more than $200 or imprisoned not more than ninety days, or both, and all
game, fish, and peltries in his possession shall be forfeited.
(Added Pub. L. 86-634, 2, July 12, 1960, 74 Stat. 469.)
18 USC 1166. Gambling in Indian country
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Subject to subsection (c), for purposes of Federal law, all State
laws pertaining to the licensing, regulation, or prohibition of
gambling, including but not limited to criminal sanctions applicable
thereto, shall apply in Indian country in the same manner and to the
same extent as such laws apply elsewhere in the State.
(b) Whoever in Indian country is guilty of any act or omission
involving gambling, whether or not conducted or sanctioned by an Indian
tribe, which, although not made punishable by any enactment of Congress,
would be punishable if committed or omitted within the jurisdiction of
the State in which the act or omission occurred, under the laws
governing the licensing, regulation, or prohibition of gambling in force
at the time of such act or omission, shall be guilty of a like offense
and subject to a like punishment.
(c) For the purpose of this section, the term ''gambling'' does not
include --
(1) class I gaming or class II gaming regulated by the Indian Gaming
Regulatory Act, or
(2) class III gaming conducted under a Tribal-State compact approved
by the Secretary of the Interior under section 11(d)(8) of the Indian
Gaming Regulatory Act that is in effect.
(d) The United States shall have exclusive jurisdiction over criminal
prosecutions of violations of State gambling laws that are made
applicable under this section to Indian country, unless an Indian tribe
pursuant to a Tribal-State compact approved by the Secretary of the
Interior under section 11(d)(8) of the Indian Gaming Regulatory Act, or
under any other provision of Federal law, has consented to the transfer
to the State of criminal jurisdiction with respect to gambling on the
lands of the Indian tribe.
(Added Pub. L. 100-497, 23, Oct. 17, 1988, 102 Stat. 2487.)
The Indian Gaming Regulatory Act, referred to in subsec. (c), is
Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, which enacted
sections 1166 to 1168 of this title and chapter 25 ( 2701 et seq.) of
Title 25, Indians. Section 11(d)(8) of such Act is classified to
section 2710(d)(8) of Title 25. For complete classification of this Act
to the Code, see Short Title note set out under section 2701 of Title 25
and Tables.
18 USC 1167. Theft from gaming establishments on Indian lands
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever abstracts, purloins, willfully misapplies, or takes and
carries away with intent to steal, any money, funds, or other property
of a value of $1,000 or less belonging to an establishment operated by
or for or licensed by an Indian tribe pursuant to an ordinance or
resolution approved by the National Indian Gaming Commission shall be
fined not more than $100,000 or be imprisoned for not more than one
year, or both.
(b) Whoever abstracts, purloins, willfully misapplies, or takes and
carries away with intent to steal, any money, funds, or other property
of a value in excess of $1,000 belonging to a gaming establishment
operated by or for or licensed by an Indian tribe pursuant to an
ordinance or resolution approved by the National Indian Gaming
Commission shall be fined not more than $250,000, or imprisoned for not
more than ten years, or both.
(Added Pub. L. 100-497, 23, Oct. 17, 1988, 102 Stat. 2487.)
18 USC 1168. Theft by officers or employees of gaming establishments
on Indian lands
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, being an officer, employee, or individual licensee of a
gaming establishment operated by or for or licensed by an Indian tribe
pursuant to an ordinance or resolution approved by the National Indian
Gaming Commission, embezzles, abstracts, purloins, willfully misapplies,
or takes and carries away with intent to steal, any moneys, funds,
assets, or other property of such establishment of a value of $1,000 or
less shall be fined not more than $250,000 or imprisoned not more than
five years, or both;
(b) Whoever, being an officer, employee, or individual licensee of a
gaming establishment operated by or for or licensed by an Indian tribe
pursuant to an ordinance or resolution approved by the National Indian
Gaming Commission, embezzles, abstracts, purloins, willfully misapplies,
or takes and carries away with intent to steal, any moneys, funds,
assets, or other property of such establishment of a value in excess of
$1,000 shall be fined not more than $1,000,000 or imprisoned for not
more than twenty years, or both.
(Added Pub. L. 100-497, 23, Oct. 17, 1988, 102 Stat. 2487; amended
Pub. L. 101-647, title XXXV, 3537, Nov. 29, 1990, 104 Stat. 4925.)
1990 -- Subsec. (a). Pub. L. 101-647 substituted ''or imprisoned''
for ''and be imprisoned for''.
18 USC 1169. Reporting of child abuse
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any person who --
(1) is a --
(A) physician, surgeon, dentist, podiatrist, chiropractor, nurse,
dental hygienist, optometrist, medical examiner, emergency medical
technician, paramedic, or health care provider,
(B) teacher, school counselor, instructional aide, teacher's aide,
teacher's assistant, or bus driver employed by any tribal, Federal,
public or private school,
(C) administrative officer, supervisor of child welfare and
attendance, or truancy officer of any tribal, Federal, public or private
school,
(D) child day care worker, headstart teacher, public assistance
worker, worker in a group home or residential or day care facility, or
social worker,
(E) psychiatrist, psychologist, or psychological assistant,
(F) licensed or unlicensed marriage, family, or child counselor,
(G) person employed in the mental health profession, or
(H) law enforcement officer, probation officer, worker in a juvenile
rehabilitation or detention facility, or person employed in a public
agency who is responsible for enforcing statutes and judicial orders;
(2) knows, or has reasonable suspicion, that --
(A) a child was abused in Indian country, or
(B) actions are being taken, or are going to be taken, that would
reasonably be expected to result in abuse of a child in Indian country;
and
(3) fails to immediately report such abuse or actions described in
paragraph (2) to the local child protective services agency or local law
enforcement agency,
shall be fined not more than $5,000 or imprisoned for not more than 6
months or both.
(b) Any person who --
(1) supervises, or has authority over, a person described in
subsection (a)(1), and
(2) inhibits or prevents that person from making the report described
in subsection (a),
shall be fined not more than $5,000 or imprisoned for not more than 6
months or both.
(c) For purposes of this section, the term --
(1) ''abuse'' includes --
(A) any case in which --
(i) a child is dead or exhibits evidence of skin bruising, bleeding,
malnutrition, failure to thrive, burns, fracture of any bone, subdural
hematoma, soft tissue swelling, and
(ii) such condition is not justifiably explained or may not be the
product of an accidental occurrence; and
(B) any case in which a child is subjected to sexual assault, sexual
molestation, sexual exploitation, sexual contact, or prostitution;
(2) ''child'' means an individual who --
(A) is not married, and
(B) has not attained 18 years of age;
(3) ''local child protective services agency'' means that agency of
the Federal Government, of a State, or of an Indian tribe that has the
primary responsibility for child protection on any Indian reservation or
within any community in Indian country; and
(4) ''local law enforcement agency'' means that Federal, tribal, or
State law enforcement agency that has the primary responsibility for the
investigation of an instance of alleged child abuse within the portion
of Indian country involved.
(d) Any person making a report described in subsection (a) which is
based upon their reasonable belief and which is made in good faith shall
be immune from civil or criminal liability for making that report.
(Added Pub. L. 101-630, title IV, 404(a)(1), Nov. 28, 1990, 104
Stat. 4547.)
Pub. L. 101-630, 404(a)(1), which directed amendment of this chapter
by adding a new section at the end thereof, was executed by adding
section 1169 after section 1168 to reflect the probable intent of
Congress and intervening amendment by Pub. L. 101-601, adding section
1170.
18 USC 1170. Illegal Trafficking in Native American Human Remains and
Cultural Items
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly sells, purchases, uses for profit, or
transports for sale or profit, the human remains of a Native American
without the right of possession to those remains as provided in the
Native American Graves Protection and Repatriation Act shall be fined in
accordance with this title, or imprisoned not more than 12 months, or
both, and in the case of a second or subsequent violation, be fined in
accordance with this title, or imprisoned not more than 5 years, or
both.
(b) Whoever knowingly sells, purchases, uses for profit, or
transports for sale or profit any Native American cultural items
obtained in violation of the Native American Grave Protection and
Repatriation Act shall be fined in accordance with this title,
imprisoned not more than one year, or both, and in the case of a second
or subsequent violation, be fined in accordance with this title,
imprisoned not more than 5 years, or both.
(Added Pub. L. 101-601, 4(a), Nov. 16, 1990, 104 Stat. 3052.)
The Native American Graves Protection and Repatriation Act, referred
to in text, is Pub. L. 101-601, Nov. 16, 1990, 104 Stat. 3048, which
is classified principally to chapter 32 ( 3001 et seq.) of Title 25,
Indians. For complete classification of this Act to the Code, see Short
Title note set out under section 3001 of Title 25 and Tables.
18 USC CHAPTER 55 -- KIDNAPING
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1201. Kidnaping.
1202. Ransom money.
1203. Hostage taking.
1984 -- Pub. L. 98-473, title II, 2002(b), Oct. 12, 1984, 98 Stat.
2186, added item 1203.
1972 -- Pub. L. 92-539, title II, 202, Oct. 24, 1972, 86 Stat.
1072, substituted ''Kidnaping'' for ''Transportation'' in item 1201.
Wire or oral communications, authorization for interception, to
provide evidence of kidnaping, see section 2516 of this title.
18 USC 1201. Kidnaping
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps,
abducts, or carries away and holds for ransom or reward or otherwise any
person, except in the case of a minor by the parent thereof, when --
(1) the person is willfully transported in interstate or foreign
commerce;
(2) any such act against the person is done within the special
maritime and territorial jurisdiction of the United States;
(3) any such act against the person is done within the special
aircraft jurisdiction of the United States as defined in section 101(38)
of the Federal Aviation Act of 1958;
(4) the person is a foreign official, an internationally protected
person, or an official guest as those terms are defined in section
1116(b) of this title; or
(5) the person is among those officers and employees designated in
section 1114 of this title and any such act against the person is done
while the person is engaged in, or on account of, the performance of
official duties,
shall be punished by imprisonment for any term of years or for life.
(b) With respect to subsection (a)(1), above, the failure to release
the victim within twenty-four hours after he shall have been unlawfully
seized, confined, inveigled, decoyed, kidnaped, abducted, or carried
away shall create a rebuttable presumption that such person has been
transported to interstate or foreign commerce.
(c) If two or more persons conspire to violate this section and one
or more of such persons do any overt act to effect the object of the
conspiracy, each shall be punished by imprisonment for any term of years
or for life.
(d) Whoever attempts to violate subsection (a)(4) or (a)(5) shall be
punished by imprisonment for not more than twenty years.
(e) If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender. As
used in this subsection, the United States includes all areas under the
jurisdiction of the United States including any of the places within the
provisions of sections 5 and 7 of this title and section 101(38) of the
Federal Aviation Act of 1958, as amended (49 /1/ U.S.C. 1301(38)).
(f) In the course of enforcement of subsection (a)(4) and any other
sections prohibiting a conspiracy or attempt to violate subsection
(a)(4), the Attorney General may request assistance from any Federal,
State, or local agency, including the Army, Navy, and Air Force, any
statute, rule, or regulation to the contrary notwithstanding.
(g) Special Rule for Certain Offenses Involving Children. --
(1) To whom applicable. -- If --
(A) the victim of an offense under this section has not attained the
age of eighteen years; and
(B) the offender --
(i) has attained such age; and
(ii) is not --
(I) a parent;
(II) a grandparent;
(III) a brother;
(IV) a sister;
(V) an aunt;
(VI) an uncle; or
(VII) an individual having legal custody of the victim;
the sentence under this section for such offense shall be subject to
paragraph (2) of this subsection.
(2) Guidelines. -- The United States Sentencing Commission is
directed to amend the existing guidelines for the offense of
''kidnapping, abduction, or unlawful restraint,'' by including the
following additional specific offense characteristics: If the victim
was intentionally maltreated (i.e., denied either food or medical care)
to a life-threatening degree, increase by 4 levels; if the victim was
sexually exploited (i.e., abused, used involuntarily for pornographic
purposes) increase by 3 levels; if the victim was placed in the care or
custody of another person who does not have a legal right to such care
or custody of the child either in exchange for money or other
consideration, increase by 3 levels; if the defendant allowed the child
to be subjected to any of the conduct specified in this section by
another person, then increase by 2 levels.
(June 25, 1948, ch. 645, 62 Stat. 760; Aug. 6, 1956, ch. 971, 70
Stat. 1043; Oct. 24, 1972, Pub. L. 92-539, title II, 201, 86 Stat.
1072; Oct. 8, 1976, Pub. L. 94-467, 4, 90 Stat. 1998; Nov. 9, 1977,
Pub. L. 95-163, 17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L.
95-504, 2(b), 92 Stat. 1705; Oct. 12, 1984, Pub. L. 98-473, title II,
1007, 98 Stat. 2139; Nov. 10, 1986, Pub. L. 99-646, 36, 37(b), 100
Stat. 3599; Nov. 29, 1990, Pub. L. 101-647, title IV, 401, title XXXV,
3538, 104 Stat. 4819, 4925.)
Based on title 18, U.S.C., 1940 ed., 408a, 408c (June 22, 1932, ch.
271, 1, 3, 47 Stat. 326; May 18, 1934, ch. 301, 48 Stat. 781, 782).
Section consolidates sections 408a and 408c of title 18 U.S.C., 1940
ed.
Reference to persons aiding, abetting or causing was omitted as
unnecessary because such persons are made principals by section 22 of
this title.
Words ''upon conviction'' were omitted as surplusage, because
punishment cannot be imposed until a conviction is secured.
Direction as to confinement ''in the penitentiary'' was omitted
because of section 4082 of this title which commits all prisoners to the
custody of the Attorney General. (See reviser's note under section 1 of
this title.)
The phrase ''for any term of years or for life'' was substituted for
the words ''for such term of years as the court in its discretion shall
determine'' which appeared in said section 408a of Title 18, U.S.C.,
1940 ed. This change was made in order to remove all doubt as to
whether ''term of years'' includes life imprisonment.
Minor changes were made in phraseology.
Section 101(38) of the Federal Aviation Act of 1958, referred to in
subsecs. (a)(3) and (e), is classified to section 1301(38) of the
Appendix to Title 49, Transportation.
1990 -- Subsec. (a)(3). Pub. L. 101-647, 3538, substituted
''101(38)'' for ''101(36)'' and struck out '', as amended (49 U.S.C.
1301(36))'' after ''Federal Aviation Act of 1958''.
Subsec. (g). Pub. L. 101-647, 401, added subsec. (g).
1986 -- Subsec. (a). Pub. L. 99-646, 36, substituted ''when -- ''
for ''when:'' in introductory text, substituted ''the person'' for ''The
person'' and ''official duties'' for ''his official duties'' in par.
(5), and aligned the margin of par. (5) with the margins of pars. (1)
to (4).
Subsec. (d). Pub. L. 99-646, 37(b), inserted ''or (a)(5)'' after
''subsection (a)(4)''.
1984 -- Subsec. (a)(5). Pub. L. 98-473 added par. (5).
1978 -- Subsec. (a)(3). Pub. L. 95-504 substituted reference to
section 101(36) of the Federal Aviation Act of 1958 for reference to
section 101(33) of such Act. See References in Text note above.
Subsec. (e). Pub. L. 95-504 substituted reference to section 101(38)
of the Federal Aviation Act of 1958 for section 101(35) of such Act.
1977 -- Subsec. (a)(3). Pub. L. 95-163 substituted reference to
section 101(33) of the Federal Aviation Act of 1958 for reference to
section 101(32) of such Act. See References in Text note above.
Subsec. (e). Pub. L. 95-163 substituted reference to section 101(35)
of the Federal Aviation Act of 1958 for reference to section 101(34) of
such Act.
1976 -- Subsec. (a)(4). Pub. L. 94-467, 4(a), substituted provision
which includes acts committed against an internationally protected
person and an official guest as defined in section 1116(b) of this title
for provision which included acts committed against an official guest as
defined in section 1116(c) of this title.
Subsecs. (d) to (f). Pub. L. 94-467, 4(b), added subsecs. (d) to
(f).
1972 -- Subsec. (a). Pub. L. 92-539 substituted ''Kidnaping'' for
''Transportation'' in section catchline and, in subsec. (a), extended
the jurisdictional base to include acts committed within the special
maritime, territorial, and aircraft jurisdiction of the United States,
and to include acts committed against foreign officials and official
guests, and struck out provisions relating to death penalty.
Subsec. (b). Pub. L. 92-539 inserted reference to subsec. (a)(1).
Subsec. (c). Pub. L. 92-539 substituted ''by imprisonment for any
term of years or for life'' for ''as provided in subsection (a)''.
1956 -- Subsec. (b). Act Aug. 6, 1956, substituted ''twenty-four
hours'' for ''seven days''.
Section 2001 of part A ( 2001-2003) of chapter XX of title II of
Pub. L. 98-473 provided that: ''This part (enacting section 1203 of
this title and provisions set out as a note under section 1203 of this
title) may be cited as the 'Act for the Prevention and Punishment of the
Crime of Hostage-Taking'.''
/1/ So in original. Probably should be ''49 App.''.
18 USC 1202. Ransom money
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever receives, possesses, or disposes of any money or other
property, or any portion thereof, which has at any time been delivered
as ransom or reward in connection with a violation of section 1201 of
this title, knowing the same to be money or property which has been at
any time delivered as such ransom or reward, shall be fined not more
than $10,000 or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 760.)
Based on title 18, U.S.C., 1940 ed., 408c-1 (June 22, 1932, ch.
271, 4, as added Jan. 24, 1936, ch. 29, 49 Stat. 1099).
Words ''in the penitentiary'' after ''imprisoned'' were omitted in
view of section 4082 of this title committing prisoners to the custody
of the Attorney General. (See reviser's note under section 1 of this
title.)
Minor changes were made in phraseology.
18 USC 1203. Hostage taking
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Except as provided in subsection (b) of this section, whoever,
whether inside or outside the United States, seizes or detains and
threatens to kill, to injure, or to continue to detain another person in
order to compel a third person or a governmental organization to do or
abstain from doing any act as an explicit or implicit condition for the
release of the person detained, or attempts to do so, shall be punished
by imprisonment for any term of years or for life.
(b)(1) It is not an offense under this section if the conduct
required for the offense occurred outside the United States unless --
(A) the offender or the person seized or detained is a national of
the United States;
(B) the offender is found in the United States; or
(C) the governmental organization sought to be compelled is the
Government of the United States.
(2) It is not an offense under this section if the conduct required
for the offense occurred inside the United States, each alleged offender
and each person seized or detained are nationals of the United States,
and each alleged offender is found in the United States, unless the
governmental organization sought to be compelled is the Government of
the United States.
(c) As used in this section, the term ''national of the United
States'' has the meaning given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(Added Pub. L. 98-473, title II, 2002(a), Oct. 12, 1984, 98 Stat.
2186; amended Pub. L. 100-690, title VII, 7028, Nov. 18, 1988, 102
Stat. 4397.)
1988 -- Subsec. (c). Pub. L. 100-690 substituted ''(c) As'' for
''(C) As''.
Section 2003 of part A ( 2001-2003) of chapter XX of title II of
Pub. L. 98-473 provided that: ''This part and the amendments made by
this part (enacting this section and provisions set out as a note under
section 1201 of this title) shall take effect on the later of --
''(1) the date of the enactment of this joint resolution (Oct. 12,
1984); or
''(2) the date the International Convention Against the Taking of
Hostages has come into force and the United States has become a party to
that convention (the convention entered into force June 6, 1983; and
entered into force for the United States Jan. 6, 1985).''
18 USC CHAPTER 57 -- LABOR
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1231. Transportation of strikebreakers.
(1232. Repealed.)
1990 -- Pub. L. 101-647, title XXXV, 3539, Nov. 29, 1990, 104
Stat. 4925, struck out item 1232 ''Enticement of workman from armory or
arsenal''.
18 USC 1231. Transportation of strikebreakers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully transports in interstate or foreign commerce any
person who is employed or is to be employed for the purpose of
obstructing or interfering by force or threats with (1) peaceful
picketing by employees during any labor controversy affecting wages,
hours, or conditions of labor, or (2) the exercise by employees of any
of the rights of self-organization or collective bargaining; or
Whoever is knowingly transported or travels in interstate or foreign
commerce for any of the purposes enumerated in this section --
Shall be fined not more than $5,000 or imprisoned not more than two
years, or both.
This section shall not apply to common carriers.
(June 25, 1948, ch. 645, 62 Stat. 760; May 24, 1949, ch. 139, 30,
63 Stat. 94.)
Based on title 18, U.S.C., 1940 ed., 407a (June 24, 1936, ch. 746,
49 Stat. 1899; June 29, 1938, ch. 813, 52 Stat. 1242).
Language designating offense as felony was omitted in uniformity with
definitive section 1 of this title. (See reviser's note under section
550 of this title.)
Words ''and shall, upon conviction'' were omitted as surplusage since
punishment cannot be imposed until a conviction is secured.
Reference to persons aiding, abetting or causing was omitted as such
persons are made principals by section 2 of this title.
Changes were made in phraseology and arrangement, but without change
of substance.
This section (section 30) corrects a typographical error in section
1231 of title 18, U.S.C.
1949 -- Act May 24, 1949, substituted ''or travels in'' for ''in or
travels'' in second par.
18 USC ( 1232. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 761, prohibited
enticement of workman from armory or arsenal.
18 USC CHAPTER 59 -- LIQUOR TRAFFIC
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1261. Enforcement, regulations, and scope.
1262. Transportation into State prohibiting sale.
1263. Marks and labels on packages.
1264. Delivery to consignee.
1265. C.O.D. shipments prohibited.
18 USC 1261. Enforcement, regulations, and scope
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The Secretary of the Treasury shall enforce the provisions of
this chapter. Regulations to carry out its provisions shall be
prescribed by the Commissioner of Internal Revenue with the approval of
the Secretary of the Treasury.
(b) This chapter shall not apply to the Canal Zone.
(June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, 31,
63 Stat. 94.)
Based on sections 222, 223(b), 225 and 226 of title 27, U.S.C., 1940
ed., Intoxicating Liquors (June 25, 1936, ch. 815, 5, 10, 49 Stat.
1929, 1930).
Changes were made in phraseology and arrangement.
This section (section 31) corrects a typographical error in section
1261 of title 18, U.S.C.
For definition of Canal Zone, referred to in text, see section
3602(b) of Title 22, Foreign Relations and Intercourse.
1949 -- Subsec. (b). Act May 24, 1949, substituted subsection
designation ''(b)'' for ''(d)''.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Commissioner of Internal Revenue, referred
to in this section, is an officer of Department of the Treasury.
Forfeiture of liquors and related property, see section 3667 of this
title.
18 USC 1262. Transportation into State prohibiting sale
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever imports, brings, or transports any intoxicating liquor into
any State, Territory, District, or Possession in which all sales, except
for scientific, sacramental, medicinal, or mechanical purposes, of
intoxicating liquor containing more than 4 per centum of alcohol by
volume or 3.2 per centum of alcohol by weight are prohibited, otherwise
than in the course of continuous interstate transportation through such
State, Territory, District, or Possession or attempts so to do, or
assists in so doing,
Shall (1) If such liquor is not accompanied by such permits, or
licenses therefor as may be required by the laws of such State,
Territory, District, or Possession or (2) if all importation, bringing,
or transportation of intoxicating liquor into such State, Territory,
District, or Possession is prohibited by the laws thereof, be fined not
more than $1,000 or imprisoned not more than one year, or both.
In the enforcement of this section, the definition of intoxicating
liquor contained in the laws of the respective States, Territories,
Districts, or Possessions shall be applied, but only to the extent that
sales of such intoxicating liquor (except for scientific, sacramental,
medicinal, and mechanical purposes) are prohibited therein.
(June 25, 1948, ch. 645, 62 Stat. 761; May 24, 1949, ch. 139, 32,
63 Stat. 94; Nov. 29, 1990, Pub. L. 101-647, title XXXV, 3540, 104
Stat. 4925.)
Based on sections 222, 223 of title 27, U.S.C., 1940 ed.,
Intoxicating Liquors (June 25, 1936, ch. 815, 2, 3, 49 Stat. 1928).
Section consolidates subsection (a) of section 222 with section 223,
of title 27, U.S.C., 1940 ed.
Words ''or 3.2 per centum of alcohol by weight'' were inserted after
''volume.'' Such words conform with Flippin v. U.S. (1941, 121 F. 2d
742, 744, certiorari denied, 62 S. Ct. 184, 314 U.S. 677, 86 L. Ed.
542); Robason v. U.S. (1941, 122 F. 2d 991); Dolloff v. U.S. (1941,
121 F. 2d 157, certiorari denied, 62 S. Ct. 108, 314 U.S. 626, 86 L. Ed.
503, rehearing denied, 62 S. Ct. 178, 314 U.S. 710, 86 L. Ed. 566);
and Tucker v. U.S. (1941, 123 F. 2d 280).
Those cases overruled Arnold v. U.S. (1940, 115 F. 2d 523) and Gregg
v. U.S. (1940, 116 F. 2d 609) and established that preservation of the
congressional intent which requires addition of the inserted language.
Subsection (b) of section 223 of title 27, U.S.C., 1940 ed., has been
reworded to apply the definition of intoxicating liquor contained in the
laws of the respective States to this section only, in accordance with
administrative interpretation. Said section 223 was derived from
section 3 of the Liquor Enforcement Act of 1936 (Act June 25, 1936, ch.
815, 49 Stat. 1928), which was enacted for the protection of dry States.
As originally enacted, its provisions relating to such definition also
embraced the interstate commerce liquor laws from which sections
1263-1265 of this title were derived. In the enforcement of the latter,
however, their own definitions have been applied and not the definitions
of the States into which or through which the liquor was shipped.
Words ''Territory, District, or Possession'' were inserted after
''State'', to conform with the definition of ''State'' given in said
section 222 of title 27, U.S.C., 1940 ed. Such section, including
subsection (b) thereof, is also incorporated in section 3615 of this
title.
Words ''be guilty of a misdemeanor and shall'' were omitted in view
of definitive section 1 of this title.
Minor changes were made throughout in arrangement and phraseology.
This section (section 32) corrects a typographical error in section
1262 of title 18, U.S.C.
1990 -- Pub. L. 101-647 substituted ''State'' for ''state'' in
section catchline.
1949 -- Act May 24, 1949, substituted ''Districts'' for ''District''
in last par.
Forfeiture of liquors and related property, see section 3667 of this
title.
Possession of liquor in Indian country, see section 1156 of this
title.
Sale of liquor in Indian country, see section 1154 of this title.
18 USC 1263. Marks and labels on packages
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly ships into any place within the United States any
package containing any spirituous, vinous, malted, or other fermented
liquor, or any compound containing any spirituous, vinous, malted, or
other fermented liquor fit for use for beverage purposes, unless such
shipment is accompanied by copy of a bill of lading, or other document
showing the name of the consignee, the nature of its contents, and the
quantity contained therein, shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 761; Sept. 26, 1968, Pub. L.
90-518, 1, 82 Stat. 872.)
Based on title 18, U.S.C., 1940 ed., 390 (Mar. 4, 1909, ch. 321,
240, 35 Stat. 1137; June 25, 1936, ch. 815, 8, 49 Stat. 1930.)
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
References to Territory, District, etc., were revised and same
changes made as in section 1264 of this title.
The provision that ''such liquor shall be forfeited to the United
States'' was omitted as covered by section 3615 of this title, which was
derived from section 224 of title 27, U.S.C., 1940 ed., Intoxicating
Liquors.
The provision that such liquor ''may be seized and condemned by like
proceedings as those provided by law for the seizure and forfeiture of
property imported into the United States contrary to law'' was likewise
omitted as covered by section 3615 of this title, which provides for
seizure and forfeiture under the internal revenue laws rather than under
provisions of law ''for the seizure and forfeiture of property imported
into the United States contrary to law'' or, in other words, rather than
under the customs laws. Section 224 of title 27, U.S.C., 1940 ed.,
Intoxicating Liquors, on which said section 3615 of this title is based,
was derived from the Liquor Enforcement Act of 1936 (Act June 25, 1936,
ch. 815, 49 Stat. 1928). Said section 224 included, in its coverage,
section 390 of title 18, U.S.C., 1940 ed., on which this revised section
is based, even though the Liquor Enforcement Act of 1936, in another
section thereof, in amending said section 390, retained the provision
that seizures and forfeitures thereunder should be under the customs
laws. By eliminating this conflicting provision, a uniform procedure
for seizures and forfeitures, under the internal revenue laws, is
established under said section 3615 of this title.
1968 -- Pub. L. 90-518 struck out ''of or package'' after ''any
package'' and substituted ''shipment is accompanied by copy of a bill of
lading, or other document showing'' for ''package is so labeled on the
outside cover as to plainly show''.
Section 3 of Pub. L. 90-518 provided that: ''This Act (amending
this section) shall become effective ninety days after the date of its
enactment (Sept. 26, 1968).''
Section 2 of Pub. L. 90-518 provided that: ''Nothing contained in
this Act (amending this section) shall be construed as indicating an
intent on the part of Congress to deprive any State of the power to
enact additional prohibitions with respect to the shipment of
intoxicating liquors.''
Forfeiture of liquors and related property, see section 3667 of this
title.
18 USC 1264. Delivery to consignee
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer, agent, or employee of any railroad
company, express company, or other common carrier, knowingly delivers to
any person other than the person to whom it has been consigned, unless
upon the written order in each instance of the bona fide consignee, or
to any fictitious person, or to any person under a fictitious name, any
spirituous, vinous, malted, or other fermented liquor or any compound
containing any spirituous, vinous, malted, or other fermented liquor fit
for use for beverage purposes, which has been shipped into any place
within the United States, shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 761.)
Based on title 18, U.S.C., 1940 ed., 388 (Mar. 4, 1909, ch. 321,
238, 35 Stat. 1136; June 25, 1936, ch. 815, 6, 49 Stat. 1929).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Words ''Territory, or District of the United States, or place
noncontiguous to but subject to the jurisdiction thereof,'' which
appeared twice, were omitted. See section 5 of this title defining the
''United States.''
Minor changes were made in phraseology.
Forfeiture of liquors and related property, see section 3667 of this
title.
18 USC 1265. C.O.D. shipments prohibited
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Any railroad or express company, or other common carrier which, or
any person who, in connection with the transportation of any spirituous,
vinous, malted, or other fermented liquor, or any compound containing
any spirituous, vinous, malted, or other fermented liquor fit for use
for beverage purposes, into any State, Territory, District or Possession
of the United States, which prohibits the delivery or sale therein of
such liquor, collects the purchase price or any part thereof, before,
on, or after delivery, from the consignee, or from any other person, or
in any manner acts as the agent of the buyer or seller of any such
liquor, for the purpose of buying or selling or completing the sale
thereof, saving only in the actual transportation and delivery of the
same, shall be fined not more than $5,000 or imprisoned not more than
one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 762.)
Based on title 18, U.S.C., 1940 ed., 389 (Mar. 4, 1909, ch. 321,
239, 35 Stat. 1136; June 25, 1936, ch. 815, 7, 49 Stat. 1929).
Changes similar to those made in section 1264 of this title were also
made in this section.
Forfeiture of liquors and related property, see section 3667 of this
title.
18 USC CHAPTER 61 -- LOTTERIES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1301. Importing or transporting lottery tickets.
1302. Mailing lottery tickets or related matter.
1303. Postmaster or employee as lottery agent.
1304. Broadcasting lottery information.
1305. Fishing contests.
1306. Participation by financial institutions.
1307. Exceptions relating to certain advertisements and other
information and to State-conducted lotteries.
1988 -- Pub. L. 100-625, 3(a)(2), Nov. 7, 1988, 102 Stat. 3206,
substituted ''Exceptions relating to certain advertisements and other
information and to State-conducted lotteries'' for ''State-conducted
lotteries'' in item 1307.
1975 -- Pub. L. 93-583, 2, Jan. 2, 1975, 88 Stat. 1916, added
item 1307.
1967 -- Pub. L. 90-203, 5(b), Dec. 15, 1967, 81 Stat. 611, added
item 1306.
1950 -- Act Aug. 16, 1950, ch. 722, 2, 64 Stat. 452, added item
1305.
1949 -- Act May 24, 1949, ch. 139, 33, 63 Stat. 94, substituted
''as'' for ''at'' in item 1303.
18 USC 1301. Importing or transporting lottery tickets
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever brings into the United States for the purpose of disposing of
the same, or knowingly deposits with any express company or other common
carrier for carriage, or carries in interstate or foreign commerce any
paper, certificate, or instrument purporting to be or to represent a
ticket, chance, share, or interest in or dependent upon the event of a
lottery, gift enterprise, or similar scheme, offering prizes dependent
in whole or in part upon lot or chance, or any advertisement of, or list
of the prizes drawn or awarded by means of, any such lottery, gift,
enterprise, or similar scheme; or knowingly takes or receives any such
paper, certificate, instrument, advertisement, or list so brought,
deposited, or transported, shall be fined not more than $1,000 or
imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 762.)
Based on title 18, U.S.C., 1940 ed., 387 (Mar. 4, 1909, ch. 321,
237, 35 Stat. 1136).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Words ''in interstate or foreign commerce'' were substituted for
involved enumeration of places, thus permitting section to be condensed
and simplified without change of meaning. See definitive section 10 of
this title.
The rewritten punishment provision is in lieu of the following:
''for the first offense, be fined not more than $1,000 or imprisoned not
more than two years, or both; and for any subsequent offense shall be
imprisoned not more than two years''. There seems no point in fixing a
punishment for a second offense less than that for the first offense.
Minor changes were made in phraseology.
Pub. L. 100-625, 1, Nov. 7, 1988, 102 Stat. 3205, provided that:
''This Act (amending sections 1304 and 1307 of this title and section
3005 of Title 39, Postal Service, and enacting provisions set out as
notes under sections 1304 and 1307 of this title) may be cited as the
'Charity Games Advertising Clarification Act of 1988'.''
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 1302. Mailing lottery tickets or related matter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly deposits in the mail, or sends or delivers by mail:
Any letter, package, postal card, or circular concerning any lottery,
gift enterprise, or similar scheme offering prizes dependent in whole or
in part upon lot or chance;
Any lottery ticket or part thereof, or paper, certificate, or
instrument purporting to be or to represent a ticket, chance, share, or
interest in or dependent upon the event of a lottery, gift enterprise,
or similar scheme offering prizes dependent in whole or in part upon lot
or chance;
Any check, draft, bill, money, postal note, or money order, for the
purchase of any ticket or part thereof, or of any share or chance in any
such lottery, gift enterprise, or scheme;
Any newspaper, circular, pamphlet, or publication of any kind
containing any advertisement of any lottery, gift enterprise, or scheme
of any kind offering prizes dependent in whole or in part upon lot or
chance, or containing any list of the prizes drawn or awarded by means
of any such lottery, gift enterprise, or scheme, whether said list
contains any part or all of such prizes;
Any article described in section 1953 of this title --
Shall be fined not more than $1,000 or imprisoned not more than two
years, or both; and for any subsequent offense shall be imprisoned not
more than five years.
(June 25, 1948, ch. 645, 62 Stat. 762; Oct. 31, 1951, ch. 655, 29,
65 Stat. 721; Sept. 13, 1961, Pub. L. 87-218, 2, 75 Stat. 492.)
Based on title 18, U.S.C., 1940 ed., 336 (Mar. 4, 1909, ch. 321,
213, 35 Stat. 1129).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Venue provision was omitted as covered by sections 3231 and 3237 of
this title.
Minor changes were made in arrangement and phraseology.
1961 -- Pub. L. 87-218 inserted sixth par., relating to articles
described in section 1953 of this title.
1951 -- Act Oct. 31, 1951, substituted a colon for a semicolon at
end of opening clause.
Exclusion of lottery matter from mails, see section 3005 of Title 39,
Postal Service.
Postal service, offenses affecting, see section 1691 et seq. of this
title.
3001, 3003, 3005.
18 USC 1303. Postmaster or employee as lottery agent /1/
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer or employee of the Postal Service, acts as
agent for any lottery office, or under color of purchase or otherwise,
vends lottery tickets, or knowingly sends by mail or delivers any
letter, package, postal card, circular, or pamphlet advertising any
lottery, gift enterprise, or similar scheme, offering prizes dependent
in whole or in part upon lot or chance, or any ticket, certificate, or
instrument representing any chance, share, or interest in or dependent
upon the event of any lottery, gift enterprise, or similar scheme
offering prizes dependent in whole or in part upon lot or chance, or any
list of the prizes awarded by means of any such scheme, shall be fined
not more than $100 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 763; Aug. 12, 1970, Pub. L.
91-375, 6(j)(10), 84 Stat. 778.)
Based on title 18 U.S.C., 1940 ed., 337 (Mar. 4, 1909, ch. 321,
214, 35 Stat. 1130). Minor changes were made in phraseology.
1970 -- Pub. L. 91-375 substituted ''an officer or employee of the
Postal Service'' for ''a postmaster or other person employed in the
Postal Service''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established thereby by the Board of Governors of the
United States Postal Service and published by it in the Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an Effective
Date note preceding section 101 of Title 39, Postal Service.
/1/ Section catchline was not amended to conform to change made in
the text by Pub. L. 91-375.
18 USC 1304. Broadcasting lottery information
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever broadcasts by means of any radio or television station for
which a license is required by any law of the United States, or whoever,
operating any such station, knowingly permits the broadcasting of, any
advertisement of or information concerning any lottery, gift enterprise,
or similar scheme, offering prizes dependent in whole or in part upon
lot or chance, or any list of the prizes drawn or awarded by means of
any such lottery, gift enterprise, or scheme, whether said list contains
any part or all of such prizes, shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
Each day's broadcasting shall constitute a separate offense.
(June 25, 1948, ch. 645, 62 Stat. 763; Nov. 7, 1988, Pub. L.
100-625, 3(a)(4), 102 Stat. 3206.)
Based on section 316 of title 47, U.S.C., 1940 ed., Telegraphs,
Telephones, and Radiotelegraphs (June 19, 1934, ch. 652, 316, 48 Stat.
1088).
Words ''upon conviction thereof'' were deleted as surplusage since
punishment can be imposed only after a conviction.
Minor changes were made in phraseology.
1988 -- Pub. L. 100-625 inserted ''or television'' after ''radio''
in first sentence.
Section 5 of Pub. L. 100-625 provided that: ''The amendments made
by this Act (amending this section and section 1307 of this title and
section 3005 of Title 39, Postal Service) shall take effect 18 months
after the date of the enactment of this Act (Nov. 7, 1988).''
Minor offenses tried by United States magistrate judges as excluding
offenses punishable under this section, see section 3401 of this title.
2720; title 39 section 3005.
18 USC 1305. Fishing contests
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisions of this chapter shall not apply with respect to any
fishing contest not conducted for profit wherein prizes are awarded for
the specie, size, weight, or quality of fish caught by contestants in
any bona fide fishing or recreational event.
(Added Aug. 16, 1950, ch. 722, 1, 64 Stat. 451.)
18 USC 1306. Participation by financial institutions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly violates section 5136A of the Revised Statutes of
the United States, section 9A of the Federal Reserve Act, or section 20
of the Federal Deposit Insurance Act shall be fined not more than $1,000
or imprisoned not more than one year, or both.
(Added Pub. L. 90-203, 5(a), Dec. 15, 1967, 81 Stat. 611; amended
Pub. L. 101-73, title IX, 962(b), Aug. 9, 1989, 103 Stat. 502.)
Section 5136A of the Revised Statutes of the United States, referred
to in text, is classified to section 25a of Title 12, Banks and Banking.
Section 9A of the Federal Reserve Act, referred to in text, is
classified to section 339 of Title 12.
Section 20 of the Federal Deposit Insurance Act, referred to in text,
is classified to section 1829a of Title 12.
1989 -- Pub. L. 101-73 struck out reference to section 410 of the
National Housing Act.
Section effective Apr. 1, 1968, see section 6 of Pub. L. 90-203,
set out as a note under section 25a of Title 12, Banks and Banking.
18 USC 1307. Exceptions relating to certain advertisements and other
information and to State-conducted lotteries
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The provisions of sections 1301, 1302, 1303, and 1304 shall not
apply to --
(1) an advertisement, list of prizes, or other information concerning
a lottery conducted by a State acting under the authority of State law
which is --
(A) contained in a publication published in that State or in a State
which conducts such a lottery; or
(B) broadcast by a radio or television station licensed to a location
in that State or a State which conducts such a lottery; or
(2) an advertisement, list of prizes, or other information concerning
a lottery, gift enterprise, or similar scheme, other than one described
in paragraph (1), that is authorized or not otherwise prohibited by the
State in which it is conducted and which is --
(A) conducted by a not-for-profit organization or a governmental
organization; or
(B) conducted as a promotional activity by a commercial organization
and is clearly occasional and ancillary to the primary business of that
organization.
(b) The provisions of sections 1301, 1302, and 1303 shall not apply
to the transportation or mailing --
(1) to addresses within a State of equipment, tickets, or material
concerning a lottery which is conducted by that State acting under the
authority of State law; or
(2) to an addressee within a foreign country of equipment, tickets,
or material designed to be used within that foreign country in a lottery
which is authorized by the law of that foreign country.
(c) For the purposes of this section (1) ''State'' means a State of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United States; and (2)
''foreign country'' means any empire, country, dominion, colony, or
protectorate, or any subdivision thereof (other than the United States,
its territories or possessions).
(d) For the purposes of subsection (b) of this section ''lottery''
means the pooling of proceeds derived from the sale of tickets or
chances and allotting those proceeds or parts thereof by chance to one
or more chance takers or ticket purchasers. ''Lottery'' does not
include the placing or accepting of bets or wagers on sporting events or
contests. For purposes of this section, the term a ''not-for-profit
organization'' means any organization that would qualify as tax exempt
under section 501 of the Internal Revenue Code of 1986.
(Added Pub. L. 93-583, 1, Jan. 2, 1975, 88 Stat. 1916; amended Pub.
L. 94-525, 1, Oct. 17, 1976, 90 Stat. 2478; Pub. L. 96-90, 1, Oct.
23, 1979, 93 Stat. 698; Pub. L. 100-625, 2(a), (b), 3(a)(1), (3),
Nov. 7, 1988, 102 Stat. 3205, 3206.)
Section 501 of the Internal Revenue Code of 1986, referred to in
subsec. (d), is classified to section 501 of Title 26, Internal Revenue
Code.
1988 -- Pub. L. 100-625, 3(a)(1), substituted ''Exceptions relating
to certain advertisements and other information and to State-conducted
lotteries'' for ''State-conducted lotteries'' in section catchline.
Subsec. (a). Pub. L. 100-625, 2(a), amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''The provisions of
sections 1301, 1302, 1303, and 1304 shall not apply to an advertisement,
list of prizes, or information concerning a lottery conducted by a State
acting under the authority of State law --
''(1) contained in a newspaper published in that State or in an
adjacent State which conducts such a lottery, or
''(2) broadcast by a radio or television station licensed to a
location in that State or an adjacent State which conducts such a
lottery.''
Subsec. (d). Pub. L. 100-625, 2(b), 3(a)(3), inserted ''subsection
(b) of'' after ''purposes of'' and inserted at end ''For purposes of
this section, the term a 'not-for-profit organization' means any
organization that would qualify as tax exempt under section 501 of the
Internal Revenue Code of 1986.''
1979 -- Subsec. (b). Pub. L. 96-90, 1(a), incorporated existing
provision in text designated cl. (1), included mailing of equipment,
and added cl. (2).
Subsec. (c). Pub. L. 96-90, 1(b), designated existing text as cl.
(1) and added cl. (2).
1976 -- Subsec. (a)(1). Pub. L. 94-525 inserted ''or in an adjacent
State which conducts such a lottery'' after ''State''.
Amendment by Pub. L. 100-625 effective 18 months after Nov. 7,
1988, see section 5 of Pub. L. 100-625, set out as a note under section
1304 of this title.
Section 4 of Pub. L. 100-625 provided that: ''If any provision of
this Act or the amendments made by this Act (amending sections 1304 and
1307 of this title and section 3005 of Title 39, Postal Service, and
enacting provisions set out as notes under sections 1301 and 1304 of
this title), or the application of such provision to any person or
circumstance, is held invalid, the remainder of this Act and the
amendments made by this Act, and the application of such provision to
other persons not similarly situated or to other circumstances, shall
not be affected by such invalidation.''
18 USC CHAPTER 63 -- MAIL FRAUD
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1341. Frauds and swindles.
1342. Fictitious name or address.
1343. Fraud by wire, radio, or television.
1344. Bank fraud.
1345. Injunctions against fraud.
1346. Definition of ''scheme or artifice to defraud''.
1990 -- Pub. L. 101-647, title XXXV, 3541, Nov. 29, 1990, 104
Stat. 4925, substituted ''or'' for ''and'' in item 1342.
1988 -- Pub. L. 100-690, title VII, 7603(b), Nov. 18, 1988, 102
Stat. 4508, added item 1346.
1984 -- Pub. L. 98-473, title II, 1108(b), 1205(b), Oct. 12,
1984, 98 Stat. 2147, 2153, added items 1344 and 1345.
1952 -- Act July 16, 1952, ch. 879, 18(b), 66 Stat. 722, added
item 1343.
Offenses affecting Postal Service, see section 1691 et seq. of this
title.
18 USC 1341. Frauds and swindles
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having devised or intending to devise any scheme or artifice
to defraud, or for obtaining money or property by means of false or
fraudulent pretenses, representations, or promises, or to sell, dispose
of, loan, exchange, alter, give away, distribute, supply, or furnish or
procure for unlawful use any counterfeit or spurious coin, obligation,
security, or other article, or anything represented to be or intimated
or held out to be such counterfeit or spurious article, for the purpose
of executing such scheme or artifice or attempting so to do, places in
any post office or authorized depository for mail matter, any matter or
thing whatever to be sent or delivered by the Postal Service, or takes
or receives therefrom, any such matter or thing, or knowingly causes to
be delivered by mail according to the direction thereon, or at the place
at which it is directed to be delivered by the person to whom it is
addressed, any such matter or thing, shall be fined not more than $1,000
or imprisoned not more than five years, or both. If the violation
affects a financial institution, such person shall be fined not more
than $1,000,000 or imprisoned not more than 30 years, or both.
(June 25, 1948, ch. 645, 62 Stat. 763; May 24, 1949, ch. 139, 34,
63 Stat. 94; Aug. 12, 1970, Pub. L. 91-375, (6)(j)(11), 84 Stat. 778;
Aug. 9, 1989, Pub. L. 101-73, title IX, 961(i), 103 Stat. 500; Nov.
29, 1990, Pub. L. 101-647, title XXV, 2504(h), 104 Stat. 4861.)
Based on title 18, U.S.C., 1940 ed., 338 (Mar. 4, 1909, ch. 321,
215, 35 Stat. 1130).
The obsolete argot of the underworld was deleted as suggested by Hon.
Emerich B. Freed, United States district judge, in a paper read before
the 1944 Judicial Conference for the sixth circuit in which he said:
A brief reference to 1341, which proposes to reenact the present
section covering the use of the mails to defraud. This section is
almost a page in length, is involved, and contains a great deal of
superfluous language, including such terms as ''sawdust swindle, green
articles, green coin, green goods and green cigars.'' This section could
be greatly simplified, and now-meaningless language eliminated.
The other surplusage was likewise eliminated and the section
simplified without change of meaning.
A reference to causing to be placed any letter, etc. in any post
office, or station thereof, etc. was omitted as unnecessary because of
definition of ''principal'' in section 2 of this title.
This section (section 34) corrects a typographical error in section
1341 of title 18, U.S.C.
1990 -- Pub. L. 101-647 substituted ''30'' for ''20'' before
''years''.
1989 -- Pub. L. 101-73 inserted at end ''If the violation affects a
financial institution, such person shall be fined not more than
$1,000,000 or imprisoned not more than 20 years, or both.''
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for ''Post
Office Department''.
1949 -- Act May 24, 1949, substituted ''of'' for ''or'' after
''dispose''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Fictitious name or address used in frauds and swindles, see section
1342 of this title.
Postal Service, offenses against, see section 1691 et seq. of this
title.
Seizure and disposition of nonmailable matter, see section 3001 of
Title 39, Postal Service.
Use of fictitious, false or assumed name on mail to conduct, or
assist in, activity in violation of this section, see section 3003 of
Title 39.
Use of mails for purchase or sale of securities before a registration
statement under ''Securities Act, 1933'' is in effect made unlawful, see
section 77e of Title 15, Commerce and Trade.
1787, 1821, 1828, 1829, 1831k, 1833a; title 15
sections 78o, 80b-3; title 39 sections 3001, 3003.
18 USC 1342. Fictitious name or address
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, for the purpose of conducting, promoting, or carrying on by
means of the Postal Service, any scheme or device mentioned in section
1341 of this title or any other unlawful business, uses or assumes, or
requests to be addressed by, any fictitious, false, or assumed title,
name, or address or name other than his own proper name, or takes or
receives from any post office or authorized depository of mail matter,
any letter, postal card, package, or other mail matter addressed to any
such fictitious, false, or assumed title, name, or address, or name
other than his own proper name, shall be fined not more than $1,000 or
imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 763; Aug. 12, 1970, Pub. L.
91-375, 6(j)(12), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 339 (Mar. 4, 1909, ch. 321,
216, 35 Stat. 1131).
The punishment language used in section 1341 of this title was
substituted in lieu of the reference to it in this section.
Minor changes in phraseology were made.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for ''Post
Office Department of the United States''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Seizure and disposition of nonmailable matter, see section 3001 of
Title 39, Postal Service.
Use of fictitious, false or assumed name on mail to conduct, or
assist in, activity in violation of this section, see section 3003 of
Title 39.
3003.
18 USC 1343. Fraud by wire, radio, or television
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having devised or intending to devise any scheme or artifice
to defraud, or for obtaining money or property by means of false or
fraudulent pretenses, representations, or promises, transmits or causes
to be transmitted by means of wire, radio, or television communication
in interstate or foreign commerce, any writings, signs, signals,
pictures, or sounds for the purpose of executing such scheme or
artifice, shall be fined not more than $1,000 or imprisoned not more
than five years, or both. If the violation affects a financial
institution, such person shall be fined not more than $1,000,000 or
imprisoned not more than 30 years, or both.
(Added July 16, 1952, ch. 879, 18(a), 66 Stat. 722; amended July
11, 1956, ch. 561, 70 Stat. 523; Aug. 9, 1989, Pub. L. 101-73, title
IX, 961(j), 103 Stat. 500; Nov. 29, 1990, Pub. L. 101-647, title XXV,
2504(i), 104 Stat. 4861.)
1990 -- Pub. L. 101-647 substituted ''30'' for ''20'' before
''years''.
1989 -- Pub. L. 101-73 inserted at end ''If the violation affects a
financial institution, such person shall be fined not more than
$1,000,000 or imprisoned not more than 20 years, or both.''
1956 -- Act July 11, 1956, substituted ''transmitted by means of
wire, radio, or television communication in interstate or foreign
commerce'' for ''transmitted by means of interstate wire, radio, or
television communication''.
1821, 1828, 1829, 1831k, 1833a; title 15 sections
78o, 80b-3; title 47 sections 312, 503.
18 USC 1344. Bank fraud
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly executes, or attempts to execute, a scheme or
artifice --
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits, assets, securities,
or other property owned by, or under the custody or control of, a
financial institution, by means of false or fraudulent pretenses,
representations, or promises;
shall be fined not more than $1,000,000 or imprisoned not more than
30 years, or both.
(Added Pub. L. 98-473, title II, 1108(a), Oct. 12, 1984, 98 Stat.
2147; amended Pub. L. 101-73, title IX, 961(k), Aug. 9, 1989, 103
Stat. 500; Pub. L. 101-647, title XXV, 2504(j), Nov. 29, 1990, 104
Stat. 4861.)
1990 -- Pub. L. 101-647 substituted ''30'' for ''20'' before
''years''.
1989 -- Pub. L. 101-73 amended section generally, restating former
subsec. (a) and striking out former subsec. (b) which defined
''federally chartered or insured financial institution''. Prior to
amendment, subsec. (a) read as follows: ''Whoever knowingly executes,
or attempts to execute, a scheme or artifice --
''(1) to defraud a federally chartered or insured financial
institution; or
''(2) to obtain any of the moneys, funds, credits, assets, securities
or other property owned by or under the custody or control of a
federally chartered or insured financial institution by means of false
or fraudulent pretenses, representations, or promises, shall be fined
not more than $10,000, or imprisoned not more than five years, or
both.''
sections 1786, 1787, 1821, 1828, 1829, 1831k, 1833a.
18 USC 1345. Injunctions against fraud
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) If a person is --
(A) violating or about to violate this chapter or section 287, 371
(insofar as such violation involves a conspiracy to defraud the United
States or any agency thereof), or 1001 of this title; or
(B) committing or about to commit a banking law violation (as defined
in section 3322(d) of this title),
the Attorney General may commence a civil action in any Federal court
to enjoin such violation.
(2) If a person is alienating or disposing of property, or intends to
alienate or dispose of property, obtained as a result of a banking law
violation (as defined in section 3322(d) of this title) or property
which is traceable to such violation, the Attorney General may commence
a civil action in any Federal court --
(A) to enjoin such alienation or disposition of property; or
(B) for a restraining order to --
(i) prohibit any person from withdrawing, transferring, removing,
dissipating, or disposing of any such property or property of equivalent
value; and
(ii) appoint a temporary receiver to administer such restraining
order.
(3) A permanent or temporary injunction or restraining order shall be
granted without bond.
(b) The court shall proceed as soon as practicable to the hearing and
determination of such an action, and may, at any time before final
determination, enter such a restraining order or prohibition, or take
such other action, as is warranted to prevent a continuing and
substantial injury to the United States or to any person or class of
persons for whose protection the action is brought. A proceeding under
this section is governed by the Federal Rules of Civil Procedure, except
that, if an indictment has been returned against the respondent,
discovery is governed by the Federal Rules of Criminal Procedure.
(Added Pub. L. 98-473, title II, 1205(a), Oct. 12, 1984, 98 Stat.
2152; amended Pub. L. 100-690, title VII, 7077, Nov. 18, 1988, 102
Stat. 4406; Pub. L. 101-647, title XXV, 2521(b)(2), title XXXV, 3542,
Nov. 29, 1990, 104 Stat. 4865, 4925.)
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec. (b),
are set out in the Appendix to this title.
1990 -- Pub. L. 101-647, 2521(b)(2), added subsec. (a), inserted
subsec. (b) designation, and struck out former first sentence which
read as follows: ''Whenever it shall appear that any person is engaged
or is about to engage in any act which constitutes or will constitute a
violation of this chapter, or of section 287, 371 (insofar as such
violation involves a conspiracy to defraud the United States or any
agency thereof), or 1001 of this title, the Attorney General may
initiate a civil proceeding in a district court of the United States to
enjoin such violation.''
Pub. L. 101-647, 3542, which directed insertion of a comma after
''of this title'', was executed by inserting the comma after ''1001 of
this title'' in the first sentence of the section before execution of
the amendment by Pub. L. 101-647, 2521(b)(2), to reflect the probable
intent of Congress, see above.
1988 -- Pub. L. 100-690 inserted ''or of section 287, 371 (insofar
as such violation involves a conspiracy to defraud the United States or
any agency thereof), or 1001 of this title'' after ''violation of this
chapter,''.
18 USC 1346. Definition of ''scheme or artifice to defraud''
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
For the purposes of this chapter, the term ''scheme or artifice to
defraud'' includes a scheme or artifice to deprive another of the
intangible right of honest services.
(Added Pub. L. 100-690, title VII, 7603(a), Nov. 18, 1988, 102 Stat.
4508.)
18 USC CHAPTER 65 -- MALICIOUS MISCHIEF
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1361. Government property or contracts.
1362. Communication lines, stations or systems.
1363. Buildings or property within special maritime and territorial
jurisdiction.
1364. Interference with foreign commerce by violence.
1365. Tampering with consumer products.
1366. Destruction of an energy facility.
1367. Interference with the operation of a satellite.
1990 -- Pub. L. 101-647, title XXXV, 3543, Nov. 29, 1990, 104
Stat. 4926, inserted a period after ''1366''.
1986 -- Pub. L. 99-646, 29(b), Nov. 10, 1986, 100 Stat. 3598,
redesignated item 1365, relating to destruction of an energy facility,
as item 1366.
Pub. L. 99-508, title III, 303(b), Oct. 21, 1986, 100 Stat. 1873,
added item 1367.
1984 -- Section 1365(d) of this title as added by Pub. L. 98-473,
title II, 1011(a), Oct. 12, 1984, 98 Stat. 2141, added item 1365,
relating to destruction of an energy facility.
1983 -- Pub. L. 98-127, 3, Oct. 13, 1983, 97 Stat. 832, added
item 1365, relating to tampering with consumer products.
18 USC 1361. Government property or contracts
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully injures or commits any depredation against any
property of the United States, or of any department or agency thereof,
or any property which has been or is being manufactured or constructed
for the United States, or any department or agency thereof, shall be
punished as follows:
If the damage to such property exceeds the sum of $100, by a fine of
not more than $10,000 or imprisonment for not more than ten years, or
both; if the damage to such property does not exceed the sum of $100,
by a fine of not more than $1,000 or by imprisonment for not more than
one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 764.)
Based on title 18, U.S.C., 1940 ed., 82 (Mar. 4, 1909, ch. 321, 35,
35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934,
ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).
The embezzlement and theft provisions of section 82 of title 18,
U.S.C., 1940 ed., are now incorporated in section 641 of this title.
Words ''or any corporation in which the United States of America is a
stockholder'' were omitted as unnecessary in view of definition of
''agency'' in section 6 of this title.
Designation of the place of confinement as ''in a jail'' was omitted
because section 4082 of this title commits all prisoners to the custody
of the Attorney General or his authorized representative, who shall
designate the place of confinement. (See reviser's note under section 1
of this title.)
The smaller penalty for offenses involving $50 or less was extended
to offenses involving $100 or less. The use of $50 as the dividing line
between felonies and misdemeanors originated at a time when that sum was
of much greater value than $100 is now.
The word ''damage'' was substituted twice for the word ''value'', and
the definition of ''value'' was omitted as inapplicable to this section.
These words and definition, however, are retained in that part of said
section 82 which is now section 641 of this title.
Minor changes were made in phraseology.
18 USC 1362. Communication lines, stations or systems
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully or maliciously injures or destroys any of the
works, property, or material of any radio, telegraph, telephone or
cable, line, station, or system, or other means of communication,
operated or controlled by the United States, or used or intended to be
used for military or civil defense functions of the United States,
whether constructed or in process of construction, or willfully or
maliciously interferes in any way with the working or use of any such
line, or system, or willfully or maliciously obstructs, hinders, or
delays the transmission of any communication over any such line, or
system, shall be fined not more than $10,000 or imprisoned not more than
ten years, or both.
In the case of any works, property, or material, not operated or
controlled by the United States, this section shall not apply to any
lawful strike activity, or other lawful concerted activities for the
purposes of collective bargaining or other mutual aid and protection
which do not injure or destroy any line or system used or intended to be
used for the military or civil defense functions of the United States.
(June 25, 1948, ch. 645, 62 Stat. 764; Sept. 26, 1961, Pub. L.
87-306, 75 Stat. 669.)
Based on title 18, U.S.C., 1940 ed., 116 (Mar. 4, 1909, ch. 321,
60, 35 Stat. 1099).
This section was extended to include radio and radio stations. Minor
changes were made in phraseology.
1961 -- Pub. L. 87-306 extended the provisions of the section to
means of communication used or intended to be used for military or civil
defense functions of the United States, made the provisions inapplicable
to lawful strike activities, which do not injure any line or system used
for such functions, and increased the punishment by fine from $1,000 to
$10,000 and by imprisonment from 3 to 10 years.
18 USC 1363. Buildings or property within special maritime and
territorial jurisdiction
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, within the special maritime and territorial jurisdiction of
the United States, willfully and maliciously destroys or injures or
attempts to destroy or injure any building, structure or vessel, any
machinery or building materials and supplies, military or naval stores,
munitions of war or any structural aids or appliances for navigation or
shipping, shall be fined not more than $1,000 or imprisoned not more
than five years, or both, and if the building be a dwelling, or the life
of any person be placed in jeopardy, shall be fined not more than $5,000
or imprisoned not more than twenty years, or both.
(June 25, 1948, ch. 645, 62 Stat. 764.)
Based on title 18, U.S.C., 1940 ed., 464, 465 (Mar. 4, 1909, ch.
321, 285, 286, 35 Stat. 1144).
Said sections were consolidated and rewritten both as to form and
substance. The provisions relating to arson are incorporated in section
81 of this title. (See reviser's note under said section 81 of this
title for explanation of changes.)
18 USC 1364. Interference with foreign commerce by violence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, with intent to prevent, interfere with, or obstruct or
attempt to prevent, interfere with, or obstruct the exportation to
foreign countries of articles from the United States, injures or
destroys, by fire or explosives, such articles or the places where they
may be while in such foreign commerce, shall be fined not more than
$10,000 or imprisoned not more than twenty years, or both.
(June 25, 1948, ch. 645, 62 Stat. 764.)
Based on title 18, U.S.C., 1940 ed., 381 (June 15, 1917, ch. 30,
titles IV, XIII, 1, 40 Stat. 221, 231; Mar. 28, 1940, ch. 72, 4, 54
Stat. 79).
Mandatory punishment provisions were rephrased in the alternative.
Definition of the term ''United States'' was omitted and incorporated
in section 5 of this title.
Minor verbal changes were made.
Applicability of section to Canal Zone, see section 14 of this title.
Destruction of property moving in commerce, see sections 1281 and
1282 of Title 15, Commerce and Trade.
Jurisdiction of offenses, see section 3241 of this title.
18 USC 1365. Tampering with consumer products
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, with reckless disregard for the risk that another person
will be placed in danger of death or bodily injury and under
circumstances manifesting extreme indifference to such risk, tampers
with any consumer product that affects interstate or foreign commerce,
or the labeling of, or container for, any such product, or attempts to
do so, shall --
(1) in the case of an attempt, be fined not more than $25,000 or
imprisoned not more than ten years, or both;
(2) if death of an individual results, be fined not more than
$100,000 or imprisoned for any term of years or for life, or both;
(3) if serious bodily injury to any individual results, be fined not
more than $100,000 or imprisoned not more than twenty years, or both;
and
(4) in any other case, be fined not more than $50,000 or imprisoned
not more than ten years, or both.
(b) Whoever, with intent to cause serious injury to the business of
any person, taints any consumer product or renders materially false or
misleading the labeling of, or container for, a consumer product, if
such consumer product affects interstate or foreign commerce, shall be
fined not more than $10,000 or imprisoned not more than three years, or
both.
(c)(1) Whoever knowingly communicates false information that a
consumer product has been tainted, if such product or the results of
such communication affect interstate or foreign commerce, and if such
tainting, had it occurred, would create a risk of death or bodily injury
to another person, shall be fined not more than $25,000 or imprisoned
not more than five years, or both.
(2) As used in paragraph (1) of this subsection, the term
''communicates false information'' means communicates information that
is false and that the communicator knows is false, under circumstances
in which the information may reasonably be expected to be believed.
(d) Whoever knowingly threatens, under circumstances in which the
threat may reasonably be expected to be believed, that conduct that, if
it occurred, would violate subsection (a) of this section will occur,
shall be fined not more than $25,000 or imprisoned not more than five
years, or both.
(e) Whoever is a party to a conspiracy of two or more persons to
commit an offense under subsection (a) of this section, if any of the
parties intentionally engages in any conduct in furtherance of such
offense, shall be fined not more than $25,000 or imprisoned not more
than ten years, or both.
(f) In addition to any other agency which has authority to
investigate violations of this section, the Food and Drug Administration
and the Department of Agriculture, respectively, have authority to
investigate violations of this section involving a consumer product that
is regulated by a provision of law such Administration or Department, as
the case may be, administers.
(g) As used in this section --
(1) the term ''consumer product'' means --
(A) any ''food'', ''drug'', ''device'', or ''cosmetic'', as those
terms are respectively defined in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321); or
(B) any article, product, or commodity which is customarily produced
or distributed for consumption by individuals, or use by individuals for
purposes of personal care or in the performance of services ordinarily
rendered within the household, and which is designed to be consumed or
expended in the course of such consumption or use;
(2) the term ''labeling'' has the meaning given such term in section
201(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(m));
(3) the term ''serious bodily injury'' means bodily injury which
involves --
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a bodily member,
organ, or mental faculty; and
(4) the term ''bodily injury'' means --
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or mental
faculty; or
(E) any other injury to the body, no matter how temporary.
(Added Pub. L. 98-127, 2, Oct. 13, 1983, 97 Stat. 831; amended Pub.
L. 101-647, title XXXV, 3544, Nov. 29, 1990, 104 Stat. 4926.)
Another section 1365 was renumbered section 1366 of this title.
1990 -- Subsec. (g)(1)(A). Pub. L. 101-647 inserted opening
quotation marks before ''device''.
Section 1 of Pub. L. 98-127 provided: ''That this Act (enacting
this section and section 155A of Title 35, Patents) may be cited as the
'Federal Anti-Tampering Act'.''
18 USC 1366. Destruction of an energy facility
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly and willfully damages the property of an energy
facility in an amount that in fact exceeds $100,000, or damages the
property of an energy facility in any amount and causes a significant
interruption or impairment of a function of an energy facility, shall be
punishable by a fine of not more than $50,000 or imprisonment for not
more than ten years, or both.
(b) Whoever knowingly and willfully damages the property of an energy
facility in an amount that in fact exceeds $5,000 shall be punishable by
a fine of not more than $25,000, or imprisonment for not more than five
years, or both.
(c) For purposes of this section, the term ''energy facility'' means
a facility that is involved in the production, storage, transmission, or
distribution of electricity, fuel, or another form or source of energy,
or research, development, or demonstration facilities relating thereto,
regardless of whether such facility is still under construction or is
otherwise not functioning, except a facility subject to the
jurisdiction, administration, or in the custody of the Nuclear
Regulatory Commission or interstate transmission facilities, as defined
in section 2 of the Natural Gas Pipeline Safety Act of 1968.
(Added Pub. L. 98-473, title II, 1011(a), Oct. 12, 1984, 98 Stat.
2141, 1365; renumbered 1366, Pub. L. 99-646, 29(a), Nov. 10, 1986,
100 Stat. 3598; amended Pub. L. 101-647, title XXXV, 3545, 3546, Nov.
29, 1990, 104 Stat. 4926.)
Section 2 of the Natural Gas Pipeline Safety Act of 1968, referred to
in subsec. (c), is classified to section 1671 of Title 49, Appendix,
Transportation.
1990 -- Subsec. (c). Pub. L. 101-647, 3545, substituted ''section 2
of the Natural Gas Pipeline Safety Act of 1968'' for ''49 U.S.C. 1671''.
Subsec. (d). Pub. L. 101-647, 3546, struck out subsec. (d) which
read as follows: ''The table of contents for chapter 65 of title 18,
United States Code, is amended by adding at the end thereof the
following new item: '1365 Destruction of an energy facility.'''
18 USC 1367. Interference with the operation of a satellite
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, without the authority of the satellite operator,
intentionally or maliciously interferes with the authorized operation of
a communications or weather satellite or obstructs or hinders any
satellite transmission shall be fined in accordance with this title or
imprisoned not more than ten years or both.
(b) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law enforcement
agency or of an intelligence agency of the United States.
(Added Pub. L. 99-508, title III, 303(a), Oct. 21, 1986, 100 Stat.
1872.)
Section effective 90 days after Oct. 21, 1986, and, in case of
conduct pursuant to court order or extension, applicable only with
respect to court orders and extensions made after such date, with
special rule for State authorizations of interceptions, see section 302
of Pub. L. 99-508, set out as a note under section 3121 of this title.
18 USC CHAPTER 67 -- MILITARY AND NAVY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1381. Enticing desertion and harboring deserters.
1382. Entering military, naval, or Coast Guard property.
(1383. Repealed.)
1384. Prostitution near military and naval establishments.
1385. Use of Army and Air Force as posse comitatus.
1386. Keys and keyways used in security applications by the
Department of Defense.
1991 -- Pub. L. 102-190, div. A, title X, 1090(b), Dec. 5, 1991,
105 Stat. 1486, added item 1386.
1990 -- Pub. L. 101-647, title XXXV, 3547, Nov. 29, 1990, 104
Stat. 4926, struck out item 1383 ''Restrictions in military areas and
zones''.
1956 -- Act Aug. 10, 1956, ch. 1041, 18(b), 70A Stat. 626,
inserted item 1385.
18 USC 1381. Enticing desertion and harboring deserters
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever entices or procures, or attempts or endeavors to entice or
procure any person in the Armed Forces of the United States, or who has
been recruited for service therein, to desert therefrom, or aids any
such person in deserting or in attempting to desert from such service;
or
Whoever harbors, conceals, protects, or assists any such person who
may have deserted from such service, knowing him to have deserted
therefrom, or refuses to give up and deliver such person on the demand
of any officer authorized to receive him --
Shall be fined not more than $2,000 or imprisoned not more than three
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 764.)
Based on title 18, U.S.C., 1940 ed., 94 (Mar. 4, 1909, ch. 321, 42,
35 Stat. 1097).
Mandatory punishment provisions were changed to alternative.
Words ''armed forces'' were substituted for repeated references to
military service, naval service, soldier and seamen.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 1382. Entering military, naval, or Coast Guard property
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, within the jurisdiction of the United States, goes upon any
military, naval, or Coast Guard reservation, post, fort, arsenal, yard,
station, or installation, for any purpose prohibited by law or lawful
regulation; or
Whoever reenters or is found within any such reservation, post, fort,
arsenal, yard, station, or installation, after having been removed
therefrom or ordered not to reenter by any officer or person in command
or charge thereof --
Shall be fined not more than $500 or imprisoned not more than six
months, or both.
(June 25, 1948, ch. 645, 62 Stat. 765.)
Based on title 18, U.S.C., 1940 ed., 97 (Mar. 4, 1909, ch. 321, 45,
35 Stat. 1097; Mar. 28, 1940, ch. 73, 54 Stat. 80).
Reference to territory, Canal Zone, Puerto Rico and the Philippine
Islands was omitted as covered by definition of United States in section
5 of this title.
Words ''naval or Coast Guard'' were inserted before ''reservation''
and words ''yard, station, or installation'' were inserted after
''arsenal'' in two places, so as to extend section to naval or Coast
Guard property.
Minor changes were made in phraseology.
Functions of all officers of Department of the Treasury, and
functions of all agencies and employees of such Department transferred,
with certain exceptions, to Secretary of the Treasury, with power vested
in him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Coast Guard, referred to in this section,
was generally a service in Department of the Treasury, but such Plan
excepted from transfer functions of Coast Guard and Commandant thereof
when Coast Guard was operating as a part of the Navy under sections 1
and 3 of Title 14, Coast Guard.
Coast Guard transferred to Department of Transportation and all
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Oct. 15, 1966, 80 Stat. 931, which created the Department of
Transportation. See section 108 of Title 49, Transportation.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC ( 1383. Repealed. Pub. L. 94-412, title V, 501(e), Sept. 14,
1976, 90 Stat. 1258)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 765, dealt with
criminal penalties for persons entering, remaining in, leaving, or
committing any act in a military area or zone contrary to restrictions
imposed by Executive Order or Secretary of the Army.
Repeal of this section by Pub. L. 94-412 not to affect any action
taken or proceeding pending at the time of repeal, see section 501(h) of
Pub. L. 94-412, set out as a note under section 1601 of Title 50, War
and National Defense.
18 USC 1384. Prostitution near military and naval establishments
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Within such reasonable distance of any military or naval camp,
station, fort, post, yard, base, cantonment, training or mobilization
place as the Secretary of the Army, the Secretary of the Navy, the
Secretary of the Air Force, or any two or all of them shall determine to
be needful to the efficiency, health, and welfare of the Army, the Navy,
or the Air Force, and shall designate and publish in general orders or
bulletins, whoever engages in prostitution or aids or abets prostitution
or procures or solicits for purposes of prostitution, or keeps or sets
up a house of ill fame, brothel, or bawdy house, or receives any person
for purposes of lewdness, assignation, or prostitution into any vehicle,
conveyance, place, structure, or building, or permits any person to
remain for the purpose of lewdness, assignation, or prostitution in any
vehicle, conveyance, place, structure, or building or leases or rents or
contracts to lease or rent any vehicle, conveyance, place, structure or
building, or part thereof, knowing or with good reason to know that it
is intended to be used for any of the purposes herein prohibited shall
be fined not more than $1,000 or imprisoned not more than one year, or
both.
The Secretaries of the Army, Navy, and Air Force and the Federal
Security Administrator shall take such steps as they deem necessary to
suppress and prevent such violations thereof, and shall accept the
cooperation of the authorities of States and their counties, districts,
and other political subdivisions in carrying out the purpose of this
section.
This section shall not be construed as conferring on the personnel of
the Departments of the Army, Navy, or Air Force or the Federal Security
Agency any authority to make criminal investigations, searches,
seizures, or arrests of civilians charged with violations of this
section.
(June 25, 1948, ch. 645, 62 Stat. 765; May 24, 1949, ch. 139, 35,
63 Stat. 94.)
Based on title 18, U.S.C., 1940 ed., 518a (July 11, 1941, ch. 287,
55 Stat. 583; May 15, 1945, ch. 126, 59 Stat. 168; May 15, 1946, ch.
258, 60 Stat. 182).
The word ''whoever'' was substituted for the words ''person,
corporation, partnership, or association'' in conformity with section 1
of title 1, U.S.C., 1940 ed., General Provisions, as amended and without
change of substance.
The provisions with reference to punishment of persons subject to
military or naval law as provided in the Articles of War and the
Articles for the Government of the Navy were omitted, as was the
exception of such persons from the punishment provisions of this
section. The Articles of War and Articles for the Government of the
Navy are sufficiently complete in themselves to authorize the adequate
punishment of military or naval personnel for violations of general
criminal statutes as well as for disobedience of orders. See Articles
of War, Article 96, section 1568 of title 10, U.S.C., 1940 ed., Army,
and Articles for the Government of the Navy, Articles 1, 4, 22, 23,
section 1200, of title 34, U.S.C., 1940 ed., Navy.
The revised section, in this respect, places violations on the same
basis as other misdemeanors in violation of the general statutes of the
United States and authorizes punishment of persons subject to military
or naval law under such law, or in case the military or naval
authorities turn the violator over to the civil authorities, the trial
and punishment may be under the general law.
The phrase ''and/or'' appearing twice in section 581a of title 18,
U.S.C., 1940 ed., was deleted to avoid uncertainty and ambiguity.
Words ''shall be deemed guilty of a misdemeanor'' were omitted
because of definition of misdemeanor in section 1 of this title.
Changes were made in phraseology.
This section (section 35) makes the following changes in section 1384
of title 18, U.S.C.:
1. In the first paragraph, substitutes ''Secretary of the Army, the
Secretary of the Navy, the Secretary of the Air Force, and any two or
all of them'' for ''Secretary of the Army or the Secretary of the Navy,
or both'', and substitutes ''Army, the Navy, or the Air Force,'' for
''Army or the Navy, or both,'', in view of the establishment in 1947 of
the Department of the Air Force, headed by a Secretary.
2. In the second paragraph, substitutes ''The Secretaries of the
Army, Navy, and Air Force'' for ''The Secretaries of the Army, and
Navy'', for the same reason given in item 1 above.
3. In the third paragraph, substitutes ''Department of the Army,
Navy, or Air Force'' for ''War or Navy Department'' for the same reason
given in item 1 above.
1949 -- Act May 24, 1949, made section applicable to the Air Force
which was established as a separate department in 1947, headed by a
Secretary.
Secretary and Department of Health, Education, and Welfare
redesignated Secretary and Department of Health and Human Services by
section 3508(b) of Title 20, Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631, set out in the Appendix to Title 5, Government
Organization and Employees. Federal Security Agency and office of
Administrator were abolished by section 8 of Reorg. Plan No. 1 of
1953.
18 USC 1385. Use of Army and Air Force as posse comitatus
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, except in cases and under circumstances expressly authorized
by the Constitution or Act of Congress, willfully uses any part of the
Army or the Air Force as a posse comitatus or otherwise to execute the
laws shall be fined not more than $10,000 or imprisoned not more than
two years, or both.
(Added Aug. 10, 1956, ch. 1041, 18(a), 70A Stat. 626; amended June
25, 1959, Pub. L. 86-70, 17(d), 73 Stat. 144.)
This section is revised to conform to the style and terminology used
in title 18. It is not enacted as a part of title 10, United States
Code, since it is more properly allocated to title 18.
1959 -- Pub. L. 86-70 struck out provisions which made section
inapplicable in Alaska.
18 USC 1386. Keys and keyways used in security applications by the
Department of Defense
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) Whoever steals, purloins, embezzles, or obtains by false
pretense any lock or key to any lock, knowing that such lock or key has
been adopted by any part of the Department of Defense, including all
Department of Defense agencies, military departments, and agencies
thereof, for use in protecting conventional arms, ammunition or
explosives, special weapons, and classified information or classified
equipment shall be punished as provided in subsection (b).
(2) Whoever --
(A) knowingly and unlawfully makes, forges, or counterfeits any key,
knowing that such key has been adopted by any part of the Department of
Defense, including all Department of Defense agencies, military
departments, and agencies thereof, for use in protecting conventional
arms, ammunition or explosives, special weapons, and classified
information or classified equipment; or
(B) knowing that any lock or key has been adopted by any part of the
Department of Defense, including all Department of Defense agencies,
military departments, and agencies thereof, for use in protecting
conventional arms, ammunition or explosives, special weapons, and
classified information or classified equipment, possesses any such lock
or key with the intent to unlawfully or improperly use, sell, or
otherwise dispose of such lock or key or cause the same to be unlawfully
or improperly used, sold, or otherwise disposed of,
shall be punished as provided in subsection (b).
(3) Whoever, being engaged as a contractor or otherwise in the
manufacture of any lock or key knowing that such lock or key has been
adopted by any part of the Department of Defense, including all
Department of Defense agencies, military departments, and agencies
thereof, for use in protecting conventional arms, ammunition or
explosives, special weapons, and classified information or classified
equipment, delivers any such finished or unfinished lock or any such key
to any person not duly authorized by the Secretary of Defense or his
designated representative to receive the same, unless the person
receiving it is the contractor for furnishing the same or engaged in the
manufacture thereof in the manner authorized by the contract, or the
agent of such manufacturer, shall be punished as provided in subsection
(b).
(b) Whoever commits an offense under subsection (a) shall be fined
under this title or imprisoned not more than 10 years, or both.
(c) As used in this section, the term ''key'' means any key,
keyblank, or keyway adopted by any part of the Department of Defense,
including all Department of Defense agencies, military departments, and
agencies thereof, for use in protecting conventional arms, ammunition or
explosives, special weapons, and classified information or classified
equipment.
(Added Pub. L. 102-190, div. A, title X, 1090(a), Dec. 5, 1991, 105
Stat. 1485.)
18 USC (CHAPTER 68 -- REPEALED)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC ( 1401 to 1407. Repealed. Pub. L. 91-513, title III,
1101(b)(1)(A), Oct. 27, 1970, 84 Stat. 1292)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section 1401, acts July 18, 1956, ch. 629, title II, 201, 70 Stat.
572; July 12, 1960, Pub. L. 86-624, 13(a), 74 Stat. 413, defined
''heroin'' and ''United States''.
Section 1402, act July 18, 1956, ch. 629, title II, 201, 70 Stat.
572, provided for surrender to Secretary of the Treasury of all legally
possessed heroin within 120 days of July 19, 1956.
Section 1403, act July 18, 1956, ch. 629, title II, 201, 70 Stat.
573, set penalties for unlawful use of communications facilities in
commission of offenses involving importation or exportation of
narcotics.
Section 1404, act July 18, 1956, ch. 629, title II, 201, 70 Stat.
573, granted the United States right to appeal from grant of a motion to
suppress in prosecutions involving unlawful exportation or importation
of narcotics.
Section 1405, acts July 18, 1956, ch. 629, title III, 201, 70 Stat.
573; Oct. 17, 1968, Pub. L. 90-578, title III, 301(a)(1), 82 Stat.
1115, set out procedure for issuance of search warrants.
Section 1406, act July 18, 1956, ch. 629, title II, 201, 70 Stat.
574, provided for authority to grant immunity from prosecution of any
witnesses compelled to testify or produce evidence after claiming his
privilege against self-incrimination. See section 6001 et seq. of this
title. Section was repealed earlier by Pub. L. 91-452, title II,
224(a), Oct. 15, 1970, 84 Stat. 929, with such repeal to be effective
on the sixtieth day following Oct. 15, 1970, but with such repeal not
to affect any immunity to which any individual was entitled under this
section by reason of any testimony given before the sixtieth day
following Oct. 15, 1970.
Section 1407, act July 18, 1956, ch. 629, title II, 201, 70 Stat.
574, prohibited border crossings by any person addicted to or using
drugs or any person convicted of any violation of narcotic or marihuana
laws of the United States or of any State, the penalty for which is
imprisonment for more than one year.
Repeal effective on first day of seventh calendar month that begins
after Oct. 26, 1970, see section 1105(a) of Pub. L. 91-513, set out as
an Effective Date note under section 951 of Title 21, Food and Drugs.
Prosecutions for any violation of law occurring, and civil seizures
or forfeitures and injunctive proceedings commenced, prior to the
effective date of repeal of these sections by section 1101 of Pub. L.
91-513 not to be affected or abated by reason thereof, see section 1103
of Pub. L. 91-513, set out as a note under section 171 of Title 21,
Food and Drugs.
18 USC CHAPTER 69 -- NATIONALITY AND CITIZENSHIP
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1421. Accounts of court officers.
1422. Fees in naturalization proceedings.
1423. Misuse of evidence of citizenship or naturalization.
1424. Personation or misuse of papers in naturalization proceedings.
1425. Procurement of citizenship or naturalization unlawfully.
1426. Reproduction of naturalization or citizenship papers.
1427. Sale of naturalization or citizenship papers.
1428. Surrender of canceled naturalization certificate.
1429. Penalties for neglect or refusal to answer subpena.
Passports and visas, offenses, see section 1541 et seq. of this
title.
18 USC 1421. Accounts of court officers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a clerk or assistant clerk of a court, or other person
charged by law with a duty to render true accounts of moneys received in
any proceeding relating to citizenship, naturalization, or registration
of aliens or to pay over any balance of such moneys due to the United
States, willfully neglects to do so within thirty days after said
payment shall become due and demand therefor has been made, shall be
fined not more than $5,000 or imprisoned not more than five years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 766.)
Based on subsections (a)(34), (d) and (l) of section 746 of title 8,
U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876,
346(a)(34), (d), (l), 54 Stat. 1167, 1168).
Minor changes in phraseology only were made.
18 USC 1422. Fees in naturalization proceedings
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly demands, charges, solicits, collects, or receives,
or agrees to charge, solicit, collect, or receive any other or
additional fees or moneys in proceedings relating to naturalization or
citizenship or the registry of aliens beyond the fees and moneys
authorized by law, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 766.)
Based on subsections (a)(33), (d), (l) of section 746 of title 8,
U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876,
346(a)(33), (d), (l), 54 Stat. 1167, 1168).
Minor changes in phraseology were made.
18 USC 1423. Misuse of evidence of citizenship or naturalization
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly uses for any purpose any order, certificate,
certificate of naturalization, certificate of citizenship, judgment,
decree, or exemplification, unlawfully issued or made, or copies or
duplicates thereof, showing any person to be naturalized or admitted to
be a citizen, shall be fined not more than $5,000 or imprisoned not more
than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 766.)
Based on subsections (a)(14), (b), (d) of section 746 of title 8,
U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876,
346(a)(14), (b), (d), 54 Stat. 1165, 1167).
Section consolidates subsections (a) paragraph (14), (b), (d), and
the general punishment provision of section 746 of title 8, U.S.C., 1940
ed., Aliens and Nationality.
The reference ''for the purpose of voting'' was omitted as surplusage
being embraced in the all-inclusive phrase ''for any purpose.''
Changes in phraseology were made.
Limitations, period of, see section 3291 of this title.
18 USC 1424. Personation or misuse of papers in naturalization
proceedings
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, whether as applicant, declarant, petitioner, witness or
otherwise, in any naturalization or citizenship proceeding, knowingly
personates another or appears falsely in the name of a deceased person
or in an assumed or fictitious name; or
Whoever knowingly and unlawfully uses or attempts to use, as showing
naturalization or citizenship of any person, any order, certificate,
certificate of naturalization, certificate of citizenship, judgment,
decree, or exemplification, or copies or duplicates thereof, issued to
another person, or in a fictitious name or in the name of a deceased
person --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 766.)
Based on subsection (a) pars. (6)(a), (b), (15), (b), (d) of section
746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14,
1940, ch. 876, 346(a), pars. (6), (15), (b), (d), 54 Stat. 1164, 1165,
1167).
Section consolidates, with minor verbal changes, subsections (a),
pars. (6)(a), (b), (15), (b), (d), and the general punishment provision
of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality.
Limitations, period of, see section 3291 of this title.
18 USC 1425. Procurement of citizenship or naturalization unlawfully
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly procures or attempts to procure, contrary to
law, the naturalization of any person, or documentary or other evidence
of naturalization or of citizenship; or
(b) Whoever, whether for himself or another person not entitled
thereto, knowingly issues, procures or obtains or applies for or
otherwise attempts to procure or obtain naturalization, or citizenship,
or a declaration of intention to become a citizen, or a certificate of
arrival or any certificate or evidence of nationalization or
citizenship, documentary or otherwise, or duplicates or copies of any of
the foregoing --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 766.)
Based on subsections (a) pars. (2)-(5), (7), (b), and (d) of section
746 of Title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14,
1940, ch. 876, 346(a), pars. (2)-(5), (7), (b), (d), 54 Stat. 1163,
1164, 1167).
Section consolidates five similar paragraphs, and the punishment
provisions of subsection (d) of said section 746 of title 8, U.S.C.,
1940 ed., Aliens and Nationality, with minor necessary changes in
translations and phraseology. Numerous references to aiding and
assisting were omitted as unnecessary as such persons are principals
under definitive section 2 of this title.
Words ''a certificate of arrival or'' were inserted before ''any
certificate'' in subsection (b), so as to remove any doubt as to scope
of section.
Limitations, period of, see section 3291 of this title.
18 USC 1426. Reproduction of naturalization or citizenship papers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever falsely makes, forges, alters or counterfeits any oath,
notice, affidavit, certificate of arrival, declaration of intention,
certificate or documentary evidence of naturalization or citizenship or
any order, record, signature, paper or proceeding or any copy thereof,
required or authorized by any law relating to naturalization or
citizenship or registry of aliens; or
(b) Whoever utters, sells, disposes of or uses as true or genuine,
any false, forged, altered, antedated or counterfeited oath, notice,
affidavit, certificate of arrival, declaration of intention to become a
citizen, certificate or documentary evidence of naturalization or
citizenship, or any order, record, signature or other instrument, paper
or proceeding required or authorized by any law relating to
naturalization or citizenship or registry of aliens, or any copy
thereof, knowing the same to be false, forged, altered, antedated or
counterfeited; or
(c) Whoever, with intent unlawfully to use the same, possesses any
false, forged, altered, antedated or counterfeited certificate of
arrival, declaration of intention to become a citizen, certificate or
documentary evidence of naturalization or citizenship purporting to have
been issued under any law of the United States, or copy thereof, knowing
the same to be false, forged, altered, antedated or counterfeited; or
(d) Whoever, without lawful authority, engraves or possesses, sells
or brings into the United States any plate in the likeness or similitude
of any plate designed, for the printing of a declaration of intention,
or certificate or documentary evidence of naturalization or citizenship;
or
(e) Whoever, without lawful authority, brings into the United States
any document printed therefrom; or
(f) Whoever, without lawful authority, possesses any blank
certificate of arrival, blank declaration of intention or blank
certificate of naturalization or citizenship provided by the Immigration
and Naturalization Service, with intent unlawfully to use the same; or
(g) Whoever, with intent unlawfully to use the same, possesses a
distinctive paper adopted by the proper officer or agency of the United
States for the printing or engraving of a declaration of intention to
become a citizen, or certificate of naturalization or certificate of
citizenship; or
(h) Whoever, without lawful authority, prints, photographs, makes or
executes any print or impression in the likeness of a certificate of
arrival, declaration of intention to become a citizen, or certificate of
naturalization or citizenship, or any part thereof --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 767.)
Based on subsections (a) pars. (8)-(12), (16), (17), (20)-(29), (b),
(d), (l) of section 746 of Title 8, U.S.C., 1940 ed., Aliens and
Nationality (Oct. 14, 1940, ch. 876, 346(a) pars. (8)-(12), (16), (17),
(20)-(29), (b), (d), (l), 54 Stat. 1164-1168).
Sections consolidates numerous similar paragraphs with necessary
changes in phraseology and translations.
References to persons causing, procuring, aiding, abetting, or
assisting were omitted as unnecessary, such persons being principals
under definitive section 2 of this title.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2 of
1950, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out
in the Appendix to Title 5, Government Organization and Employees.
Limitations, period of, see section 3291 of this title.
18 USC 1427. Sale of naturalization or citizenship papers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever unlawfully sells or disposes of a declaration of intention to
become a citizen, certificate of naturalization, certificate of
citizenship or copies or duplicates or other documentary evidence of
naturalization or citizenship, shall be fined not more than $5,000 or
imprisoned not more than five years or both.
(June 25, 1948, ch. 645, 62 Stat. 767.)
Based on subsections (a) par. (13), (d) of section 746 of title 8,
U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876,
346(a)(13), (d), 54 Stat. 1165, 1167).
Minor changes were made in phraseology.
Limitations, period of, see section 3291 of this title.
18 USC 1428. Surrender of canceled naturalization certificate
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having in his possession or control a certificate of
naturalization or citizenship or a copy thereof which has been canceled
as provided by law, fails to surrender the same after at least sixty
days' notice by the appropriate court or the Commissioner or Deputy
Commissioner of Immigration, shall be fined not more than $5,000 or
imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 767.)
Based on subsections (a) par. (31), (b), (d) of section 746 of title
8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876,
346(a) par. (31), (b), (d), 54 Stat. 1167).
Subsection (b) of said section 746 of title 8 is the authority for
inserting ''or a copy thereof'' after ''citizenship.''
Changes were made in phraseology.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested, in him
to authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2,
of 1950, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set
out in the Appendix to Title 5, Government Organization and Employees.
Limitations, period of, see section 3291 of this title.
18 USC 1429. Penalties for neglect or refusal to answer subpena
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Any person who has been subpenaed under the provisions of subsection
(d) of section 336 of the Immigration and Nationality Act to appear at
the final hearing of an application for naturalization, and who shall
neglect or refuse to so appear and to testify, if in the power of such
person to do so, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
(Added June 27, 1952, ch. 477, title IV, 402(b), 66 Stat. 276;
amended Dec. 29, 1981, Pub. L. 97-116, 18(u)(1), 95 Stat. 1621; Nov.
29, 1990, Pub. L. 101-649, title IV, 407(c)(21), 104 Stat. 5041.)
Subsection (d) of section 336 of the Immigration and Nationality Act,
referred to in text, is classified to section 1447(d) of Title 8, Aliens
and Nationality.
1990 -- Pub. L. 101-649 substituted ''an application'' for ''a
petition''.
1981 -- Pub. L. 97-116 substituted ''subsection (d)'' for
''subsection (e)''.
Amendment by Pub. L. 101-649 effective Nov. 29, 1990, with general
savings provisions, see section 408(a)(3) and (d) of Pub. L. 101-649,
set out as a note under section 1421 of Title 8, Aliens and Nationality.
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of Title
8, Aliens and Nationality.
18 USC CHAPTER 71 -- OBSCENITY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1460. Possession with intent to sell, and sale, of obscene matter on
Federal property.
1461. Mailing obscene or crime-inciting matter.
1462. Importation or transportation of obscene matters.
1463. Mailing indecent matter on wrappers or envelopes.
1464. Broadcasting obscene language.
1465. Transportation of obscene matters for sale or distribution.
1466. Engaging in the business of selling or transferring obscene
matter.
1467. Criminal forfeiture.
1468. Distributing obscene material by cable or subscription
television.
1469. Presumptions.
1988 -- Pub. L. 100-690, title VII, 7521(b), (f)((e)), 7523(b),
7526(b), Nov. 18, 1988, 102 Stat. 4489, 4490, 4502, 4503, added items
1460 and 1466 to 1469.
1955 -- Act June 28, 1955, ch. 190, 4, 69 Stat. 184, added item
1465.
1950 -- Act May 27, 1950, ch. 214, 2, 64 Stat. 194, substituted
''matters'' for ''literature'' in item 1462.
18 USC 1460. Possession with intent to sell, and sale, of obscene
matter on Federal property
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, either --
(1) in the special maritime and territorial jurisdiction of the
United States, or on any land or building owned by, leased to, or
otherwise used by or under the control of the Government of the United
States; or
(2) in the Indian country as defined in section 1151 of this title,
knowingly sells or possesses with intent to sell an obscene visual
depiction shall be punished by a fine in accordance with the provisions
of this title or imprisoned for not more than 2 years, or both.
(b) For the purposes of this section, the term ''visual depiction''
includes undeveloped film and videotape but does not include mere words.
(Added Pub. L. 100-690, title VII, 7526(a), Nov. 18, 1988, 102 Stat.
4503; amended Pub. L. 101-647, title III, 323(c), Nov. 29, 1990, 104
Stat. 4819.)
1990 -- Subsec. (a). Pub. L. 101-647, 323(c)(1), struck out ''or a
visual depiction of a minor engaging in or assisting another person to
engage in sexually explicit conduct,'' after ''visual depiction'' in
concluding provisions.
Subsec. (b). Pub. L. 101-647, 323(c)(2), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''For the
purposes of this section --
''(1) the term 'visual depiction' includes undeveloped film and
videotape but does not include mere words; and
''(2) the terms 'minor' and 'sexually explicit conduct' have the
meaning given those terms in chapter 110 of this title.''
18 USC 1461. Mailing obscene or crime-inciting matter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Every obscene, lewd, lascivious, indecent, filthy or vile article,
matter, thing, device, or substance; and --
Every article or thing designed, adapted, or intended for producing
abortion, or for any indecent or immoral use; and
Every article, instrument, substance, drug, medicine, or thing which
is advertised or described in a manner calculated to lead another to use
or apply it for producing abortion, or for any indecent or immoral
purpose; and
Every written or printed card, letter, circular, book, pamphlet,
advertisement, or notice of any kind giving information, directly or
indirectly, where, or how, or from whom, or by what means any of such
mentioned matters, articles, or things may be obtained or made, or where
or by whom any act or operation of any kind for the procuring or
producing of abortion will be done or performed, or how or by what means
abortion may be produced, whether sealed or unsealed; and
Every paper, writing, advertisement, or representation that any
article, instrument, substance, drug, medicine, or thing may, or can, be
used or applied for producing abortion, or for any indecent or immoral
purpose; and
Every description calculated to induce or incite a person to so use
or apply any such article, instrument, substance, drug, medicine, or
thing --
Is declared to be nonmailable matter and shall not be conveyed in the
mails or delivered from any post office or by any letter carrier.
Whoever knowingly uses the mails for the mailing, carriage in the
mails, or delivery of anything declared by this section or section
3001(e) of title 39 to be nonmailable, or knowingly causes to be
delivered by mail according to the direction thereon, or at the place at
which it is directed to be delivered by the person to whom it is
addressed, or knowingly takes any such thing from the mails for the
purpose of circulating or disposing thereof, or of aiding in the
circulation or disposition thereof, shall be fined not more than $5,000
or imprisoned not more than five years, or both, for the first such
offense, and shall be fined not more than $10,000 or imprisoned not more
than ten years, or both, for each such offense thereafter.
The term ''indecent'', as used in this section includes matter of a
character tending to incite arson, murder, or assassination.
(June 25, 1948, ch. 645, 62 Stat. 768; June 28, 1955, ch. 190, 1,
2, 69 Stat. 183; Aug. 28, 1958, Pub. L. 85-796, 1, 72 Stat. 962;
Jan. 8, 1971, Pub. L. 91-662, 3, 5(b), 6(3), 84 Stat. 1973, 1974.)
Based on title 18, U.S.C., 1940 ed., 334 (Mar. 4, 1909, ch. 321,
211, 35 Stat. 1129; Mar. 4, 1911, ch. 241, 2, 36 Stat. 1339).
The attention of Congress is invited to the following decisions of
the Federal courts construing this section and section 1462 of this
title.
In Youngs Rubber Corporation, Inc. v. C. I. Lee & Co., Inc., C.C.A.
1930, 45 F. 2d 103, it was said that the word ''adapted'' as used in
this section and in section 1462 of this title, the latter relating to
importation and transportation of obscene matter, is not to be construed
literally, the more reasonable interpretation being to construe the
whole phrase ''designed, adapted or intended'' as requiring ''an intent
on the part of the sender that the article mailed or shipped by common
carrier be used for illegal contraception or abortion or for indecent or
immoral purposes.'' The court pointed out that, taken literally, the
language of these sections would seem to forbid the transportation by
mail or common carrier of anything ''adapted,'' in the sense of being
suitable or fitted, for preventing conception or for any indecent or
immoral purpose, ''even though the article might also be capable of
legitimate uses and the sender in good faith supposed that it would be
used only legitimately. Such a construction would prevent mailing to or
by a physician of any drug or mechanical device 'adapted' for
contraceptive or abortifacient uses, although the physician desired to
use or to prescribe it for proper medical purposes. The intention to
prevent a proper medical use of drugs or other articles merely because
they are capable of illegal uses is not lightly to be ascribed to
Congress. Section 334 (this section) forbids also the mailing of
obscene books and writings; yet it has never been thought to bar from
the mails medical writings sent to or by physicians for proper purposes,
though of a character which would render them highly indecent if sent
broadcast to all classes of persons.'' In United States v. Nicholas,
C.C.A. 1938, 97 F. 2d 510, ruling directly on this point, it was held
that the importation or sending through the mails of contraceptive
articles or publications is not forbidden absolutely, but only when such
articles or publications are unlawfully employed. The same rule was
followed in Davis v. United States, C.C.A. 1933, 62 F. 2d 473, quoting
the obiter opinion from Youngs Rubber Corporation v. C. I. Lee & Co.,
supra, and holding that the intent of the person mailing a circular
conveying information for preventing conception that the article
described therein should be used for condemned purposes was necessary
for a conviction; also that this section must be given a reasonable
construction. (See also United States v. One Package, C.C.A. 1936, 86
F. 2d 737.)
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor changes in phraseology were made.
1971 -- Pub. L. 91-662, 3(1), in second par., struck out
''preventing conception or'' before ''producing abortion''.
Pub. L. 91-662, 3(1), in third par., struck out ''preventing
conception or'' after ''apply it for''.
Pub. L. 91-662, 3(2), (3), in fourth par., substituted ''means
abortion may be produced'' for ''means conception may be prevented or
abortion produced''.
Pub. L. 91-662, 3(1), in fifth par., struck out ''preventing
conception or'' after ''applied for''.
Pub. L. 91-662, 6(3), in eighth par., inserted ''or section 3001(e)
of title 39'' after ''this section''. Section 5(b) of Pub. L. 91-662
inserted reference to section 4001(d) of Title 39, The Postal Service,
which reflected provisions of Title 39 prior to the effective date of
Title 39, Postal Service, as enacted by the Postal Reorganization Act.
Said section 4001(d) was repealed by section 6(2) of Pub. L. 91-662,
effective on the date that the Board of Governors of the Postal Service
establish as the effective date for section 3001 of Title 39, Postal
Service.
1958 -- Pub. L. 85-796 provided in eighth par. for continuing
offenses by use of the mails instead of by deposits for mailing and for
punishment for subsequent offenses.
1955 -- Act June 28, 1955, 1, in first par., substituted ''indecent,
filthy or vile article, matter, thing, device or substance'' for ''or
filthy book, pamphlet, picture paper, letter, writing, print, or other
publication of an indecent character''.
Act June 28, 1955, 2, struck out fifth par., which read as follows:
''Every letter, packet, or package, or other mail matter containing any
filthy, vile, or indecent thing, device or substance; and''.
Amendment by sections 3 and 5(b) of Pub. L. 91-662 effective Jan.
9, 1971, see section 7 of Pub. L. 91-662, set out as a note under
section 552 of this title.
Section 6 of Pub. L. 91-662 provided that the amendment made by that
section is effective on date that Board of Governors of United States
Postal Service establishes as the effective date for section 3001 of
title 39 of the United States Code, as enacted by the Postal
Reorganization Act.
Pub. L. 90-100, Oct. 3, 1967, 81 Stat. 253, as amended by Pub. L.
90-350, title V, 502, June 19, 1968, 82 Stat. 197; Pub. L. 91-74,
title V, 503, Sept. 29, 1969, 83 Stat. 123, provided for
establishment of Commission on Obscenity and Pornography, its
membership, compensation of members, powers, functions, and duties of
Commission, required Commission to report to President and to Congress
its findings and recommendations no later than Sept. 30, 1970, and
provided for its termination ten days following submission of report.
Importation of immoral articles prohibited, see section 1305 of Title
19, Customs Duties.
Seizure and disposition of nonmailable matter, see section 3001 et
seq. of Title 39, Postal Service.
Wire or oral communications, authorization for interception, to
provide evidence of murder, see section 2516 of this title.
18 USC 1462. Importation or transportation of obscene matters
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever brings into the United States, or any place subject to the
jurisdiction thereof, or knowingly uses any express company or other
common carrier, for carriage in interstate or foreign commerce --
(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture,
motion-picture film, paper, letter, writing, print, or other matter of
indecent character; or
(b) any obscene, lewd, lascivious, or filthy phonograph recording,
electrical transcription, or other article or thing capable of producing
sound; or
(c) any drug, medicine, article, or thing designed, adapted, or
intended for producing abortion, or for any indecent or immoral use; or
any written or printed card, letter, circular, book, pamphlet,
advertisement, or notice of any kind giving information, directly or
indirectly, where, how, or of whom, or by what means any of such
mentioned articles, matters, or things may be obtained or made; or
Whoever knowingly takes from such express company or other common
carrier any matter or thing the carriage of which is herein made
unlawful --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both, for the first such offense and shall be fined not more
than $10,000 or imprisoned not more than ten years, or both, for each
such offense thereafter.
(June 25, 1948, ch. 645, 62 Stat. 768; May 27, 1950, ch. 214, 1, 64
Stat. 194; Aug. 28, 1958, Pub. L. 85-796, 2, 72 Stat. 962; Jan. 8,
1971, Pub. L. 91-662, 4, 84 Stat. 1973.)
Based on title 18, U.S.C., 1940 ed., 396 (Mar. 4, 1909, ch. 321,
245, 35 Stat. 1138; June 5, 1920, ch. 268, 41 Stat. 1060).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Words ''in interstate or foreign commerce'' were substituted for ten
lines of text without loss of meaning. (See definitive section 10 of
this title.)
(See reviser's note under section 1461 of this title.)
Minor changes in phraseology were made.
1971 -- Pub. L. 91-662 struck out ''preventing conception, or''
before ''producing abortion''.
1958 -- Pub. L. 85-796 substituted ''uses'' for ''deposits with'' in
opening par., ''carriage of which'' for ''depositing of which for
carriage'' in penultimate par., and inserted penalty provisions for
subsequent offenses in last par.
1950 -- Act May 27, 1950, brought within scope of section the
importation or transportation of any obscene, lewd, lascivious, or
filthy phonograph recording, electrical transcription, or other article
or think capable of producing sound.
Amendment by Pub. L. 91-662 effective Jan. 9, 1971, see section 7
of Pub. L. 91-662, set out as a note under section 552 of this title.
Importation of immoral articles prohibited, see section 1305 of Title
19, Customs Duties.
18 USC 1463. Mailing indecent matter on wrappers or envelopes
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
All matter otherwise mailable by law, upon the envelope or outside
cover or wrapper of which, and all postal cards upon which, any
delineations, epithets, terms, or language of an indecent, lewd,
lascivious, or obscene character are written or printed or otherwise
impressed or apparent, are nonmailable matter, and shall not be conveyed
in the mails nor delivered from any post office nor by any letter
carrier, and shall be withdrawn from the mails under such regulations as
the Postal Service shall prescribe.
Whoever knowingly deposits for mailing or delivery, anything declared
by this section to be nonmailable matter, or knowingly takes the same
from the mails for the purpose of circulating or disposing of or aiding
in the circulation or disposition of the same, shall be fined not more
than $5,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 769; Aug. 12, 1970, Pub. L.
91-375, 6(j)(13), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed. 335 (Mar. 4, 1909, ch. 321,
212, 35 Stat. 1129).
Said section 335 of title 18, U.S.C., 1940 ed., was incorporated in
this section and section 1718 of this title.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor changes were made in phraseology.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for
''Postmaster General''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Seizure and disposition of nonmailable matter, see section 3001 et
seq. of Title 39, Postal Service.
18 USC 1464. Broadcasting obscene language
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever utters any obscene, indecent, or profane language by means of
radio communication shall be fined not more than $10,000 or imprisoned
not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 769.)
Based on sections 326 and 501 of title 47, U.S.C., 1940 ed.,
Telegraphs, Telephones, and Radio-telegraphs (June 19, 1934, ch. 652,
326, 501, 48 Stat. 1091, 1100).
Section consolidates last sentence of section 326 with penalty
provision of section 501 both of title 47, U.S.C., 1940 ed., with
changes in phraseology necessary to effect the consolidation.
Section 501 of title 47, U.S.C., 1940 ed., is to remain, also, in
said title 47, as it relates to other sections therein.
Federal Communications Commission to promulgate regulations by Jan.
31, 1989, in accordance with this section to enforce this section on a
24 hour per day basis, see section 608 of Pub. L. 100-459, set out as
a note under section 303 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs.
18 USC 1465. Transportation of obscene matters for sale or
distribution
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly transports in interstate or foreign commerce for
the purpose of sale or distribution, or knowingly travels in interstate
commerce, or uses a facility or means of interstate commerce for the
purpose of transporting obscene material in interstate or foreign
commerce, any obscene, lewd, lascivious, or filthy book, pamphlet,
picture, film, paper, letter, writing, print, silhouette, drawing,
figure, image, cast, phonograph recording, electrical transcription or
other article capable of producing sound or any other matter of indecent
or immoral character, shall be fined not more than $5,000 or imprisoned
not more than five years, or both.
The transportation as aforesaid of two or more copies of any
publication or two or more of any article of the character described
above, or a combined total of five such publications and articles, shall
create a presumption that such publications or articles are intended for
sale or distribution, but such presumption shall be rebuttable.
(Added June 28, 1955, ch. 190, 3, 69 Stat. 183; amended Nov. 18,
1988, Pub. L. 100-690, title VII, 7521(c), 7522(b), 102 Stat. 4489,
4494.)
1988 -- Pub. L. 100-690, 7521(c), inserted '', or knowingly travels
in interstate commerce, or uses a facility or means of interstate
commerce for the purpose of transporting obscene material in interstate
or foreign commerce,'' after ''distribution'' in first par.
Pub. L. 100-690, 7522(b), struck out last par. which read as
follows: ''When any person is convicted of a violation of this Act, the
court in its judgment of conviction may, in addition to the penalty
prescribed, order the confiscation and disposal of such items described
herein which were found in the possession or under the immediate control
of such person at the time of his arrest.''
18 USC 1466. Engaging in the business of selling or transferring
obscene matter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever is engaged in the business of selling or transferring
obscene matter, who knowingly receives or possesses with intent to
distribute any obscene book, magazine, picture, paper, film, videotape,
or phonograph or other audio recording, which has been shipped or
transported in interstate or foreign commerce, shall be punished by
imprisonment for not more than 5 years or by a fine under this title, or
both.
(b) As used in this section, the term ''engaged in the business''
means that the person who sells or transfers or offers to sell or
transfer obscene matter devotes time, attention, or labor to such
activities, as a regular course of trade or business, with the objective
of earning a profit, although it is not necessary that the person make a
profit or that the selling or transferring or offering to sell or
transfer such material be the person's sole or principal business or
source of income. The offering for sale of or to transfer, at one time,
two or more copies of any obscene publication, or two or more of any
obscene article, or a combined total of five or more such publications
and articles, shall create a rebuttable presumption that the person so
offering them is ''engaged in the business'' as defined in this
subsection.
(Added Pub. L. 100-690, title VII, 7521(a), Nov. 18, 1988, 102 Stat.
4489; amended Pub. L. 101-647, title XXXV, 3548, Nov. 29, 1990, 104
Stat. 4926.)
1990 -- Subsec. (b). Pub. L. 101-647 substituted ''this section''
for ''this subsection'' and ''this subsection'' for ''subsection (b)''.
18 USC 1467. Criminal forfeiture
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Property Subject to Criminal Forfeiture. -- A person who is
convicted of an offense involving obscene material under this chapter
shall forfeit to the United States such person's interest in --
(1) any obscene material produced, transported, mailed, shipped, or
received in violation of this chapter;
(2) any property, real or personal, constituting or traceable to
gross profits or other proceeds obtained from such offense; and
(3) any property, real or personal, used or intended to be used to
commit or to promote the commission of such offense, if the court in its
discretion so determines, taking into consideration the nature, scope,
and proportionality of the use of the property in the offense.
(b) Third Party Transfers. -- All right, title, and interest in
property described in subsection (a) of this section vests in the United
States upon the commission of the act giving rise to forfeiture under
this section. Any such property that is subsequently transferred to a
person other than the defendant may be the subject of a special verdict
of forfeiture and thereafter shall be ordered forfeited to the United
States, unless the transferee establishes in a hearing pursuant to
subsection (m) of this section that he is a bona fide purchaser for
value of such property who at the time of purchase was reasonably
without cause to believe that the property was subject to forfeiture
under this section.
(c) Protective Orders. -- (1) Upon application of the United States,
the court may enter a restraining order or injunction, require the
execution of a satisfactory performance bond, or take any other action
to preserve the availability of property described in subsection (a) of
this section for forfeiture under this section --
(A) upon the filing of an indictment or information charging a
violation of this chapter for which criminal forfeiture may be ordered
under this section and alleging that the property with respect to which
the order is sought would, in the event of conviction, be subject to
forfeiture under this section; or
(B) prior to the filing of such an indictment or information, if,
after notice to persons appearing to have an interest in the property
and opportunity for a hearing, the court determines that --
(i) there is a substantial probability that the United States will
prevail on the issue of forfeiture and that failure to enter the order
will result in the property being destroyed, removed from the
jurisdiction of the court, or otherwise made unavailable for forfeiture;
and
(ii) the need to preserve the availability of the property through
the entry of the requested order outweighs the hardship on any party
against whom the order is to be entered;
except that an order entered under subparagraph (B) shall be
effective for not more than 90 days, unless extended by the court for
good cause shown or unless an indictment or information described in
subparagraph (A) has been filed.
(2) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has not yet
been filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the property
with respect to which the order is sought would, in the event of
conviction, be subject to forfeiture under this section and that
provision of notice will jeopardize the availability of the property for
forfeiture. Such a temporary order shall expire not more than 10 days
after the date on which it is entered, unless extended for good cause
shown or unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning an order
entered under this paragraph shall be held at the earliest possible time
and prior to the expiration of the temporary order.
(3) The court may receive and consider, at a hearing held pursuant to
this subsection, evidence and information that would be inadmissible
under the Federal Rules of Evidence.
(d) Warrant of Seizure. -- The Government may request the issuance of
a warrant authorizing the seizure of property subject to forfeiture
under this section in the same manner as provided for a search warrant.
If the court determines that there is probable cause to believe that the
property to be seized would, in the event of conviction, be subject to
forfeiture and that an order under subsection (c) of this section may
not be sufficient to assure the availability of the property for
forfeiture, the court shall issue a warrant authorizing the seizure of
such property.
(e) Order of Forfeiture. -- The court shall order forfeiture of
property referred to in subsection (a) if --
(1) the trier of fact determines, beyond a reasonable doubt, that
such property is subject to forfeiture; and
(2) with respect to property referred to in subsection (a)(3), if the
court exercises the court's discretion under that subsection.
(f) Execution. -- Upon entry of an order of forfeiture under this
section, the court shall authorize the Attorney General to seize all
property ordered forfeited upon such terms and conditions as the court
shall deem proper. Following entry of an order declaring the property
forfeited, the court may, upon application of the United States, enter
such appropriate restraining orders or injunctions, require the
execution of satisfactory performance bonds, appoint receivers,
conservators, appraisers, accountants, or trustees, or take any other
action to protect the interest of the United States in the property
ordered forfeited. Any income accruing to or derived from property
ordered forfeited under this section may be used to offset ordinary and
necessary expenses to the property which are required by law, or which
are necessary to protect the interests of the United States or third
parties.
(g) Disposition of Property. -- Following the seizure of property
ordered forfeited under this section, the Attorney General shall destroy
or retain for official use any property described in paragraph (1) of
subsection (a) and shall direct the disposition of any property
described in paragraph (2) or (3) of subsection (a) by sale or any other
commercially feasible means, making due provision for the rights of any
innocent persons. Any property right or interest not exercisable by, or
transferable for value to, the United States shall expire and shall not
revert to the defendant, nor shall the defendant or any person acting in
concert with him or on his behalf be eligible to purchase forfeited
property at any sale held by the United States. Upon application of a
person, other than the defendant or person acting in concert with him or
on his behalf, the court may restrain or stay the sale or disposition of
the property pending the conclusion of any appeal of the criminal case
giving rise to the forfeiture, if the applicant demonstrates that
proceeding with the sale or disposition of the property will result in
irreparable injury, harm, or loss to him.
(h) Authority of Attorney General. -- With respect to property
ordered forfeited under this section, the Attorney General is authorized
to --
(1) grant petitions for mitigation or remission of forfeiture,
restore forfeited property to victims of a violation of this chapter, or
take any other action to protect the rights of innocent persons which is
in the interest of justice and which is not inconsistent with the
provisions of this section;
(2) comprise claims arising under this section;
(3) award compensation to persons providing information resulting in
a forfeiture under this section;
(4) direct the disposition by the United States, under section 616 of
the Tariff Act of 1930, of all property ordered forfeited under this
section by public sale or any other commercially feasible means, making
due provision for the rights of innocent persons; and
(5) take appropriate measures necessary to safeguard and maintain
property ordered forfeited under this section pending its disposition.
(i) Bar on Intervention. -- Except as provided in subsection (l) of
this section, no party claiming an interest in property subject to
forfeiture under this section may --
(1) intervene in a trial or appeal of a criminal case involving the
forfeiture of such property under this section; or
(2) commence an action at law or equity against the United States
concerning the validity of his alleged interest in the property
subsequent to the filing of an indictment or information alleging that
the property is subject to forfeiture under this section.
(j) Jurisdiction To Enter Orders. -- The district courts of the
United States shall have jurisdiction to enter orders as provided in
this section without regard to the location of any property which may be
subject to forfeiture under this section or which has been ordered
forfeited under this section.
(k) Depositions. -- In order to facilitate the identification and
location of property declared forfeited and to facilitate the
disposition of petitions for remission or mitigation of forfeiture,
after the entry of an order declaring property forfeited to the United
States, the court may, upon application of the United States, order that
the testimony of any witness relating to the property forfeited be taken
by deposition and that any designated book, paper, document, record,
recording, or other material not privileged be produced at the same time
and place, in the same manner as provided for the taking of depositions
under Rule 15 of the Federal Rules of Criminal Procedure.
(l) Third Party Interests. -- (1) Following the entry of an order of
forfeiture under this section, the United States shall publish notice of
the order and of its intent to dispose of the property in such manner as
the Attorney General may direct. The Government may also, to the extent
practicable, provide direct written notice to any person known to have
alleged an interest in the property that is the subject of the order of
forfeiture as a substitute for published notice as to those persons so
notified.
(2) Any person, other than the defendant, asserting a legal interest
in property which has been ordered forfeited to the United States
pursuant to this section may, within 30 days of the final publication of
notice or his receipt of notice under paragraph (1), whichever is
earlier, petition the court for a hearing to adjudicate the validity of
his alleged interest in the property. The hearing shall be held before
the court alone, without a jury.
(3) The petition shall be signed by the petitioner under penalty of
perjury and shall set forth the nature and extent of the petitioner's
right, title, or interest in the property, the time and circumstances of
the petitioner's acquisition of the right, title, or interest in the
property, any additional facts supporting the petitioner's claim, and
the relief sought.
(4) The hearing on the petition shall, to the extent practicable and
consistent with the interests of justice, be held within 30 days of the
filing of the petition. The court may consolidate the hearing on the
petition with a hearing on any other petition filed by a person other
than the defendant under this subsection.
(5) At the hearing, the petitioner may testify and present evidence
and witnesses on his own behalf, and cross-examine witnesses who appear
at the hearing. The United States may present evidence and witnesses in
rebuttal and in defense of its claim to the property and cross-examine
witnesses who appear at the hearing. In addition to testimony and
evidence presented at the hearing, the court shall consider the relevant
portions of the record of the criminal case which resulted in the order
of forfeiture.
(6) If, after the hearing, the court determines that the petitioner
has established by a preponderance of the evidence that --
(A) the petitioner has a legal right, title, or interest in the
property, and such right, title, or interest renders the order of
forfeiture invalid in whole or in part because the right, title, or
interest was vested in the petitioner rather than the defendant or was
superior to any right, title, or interest of the defendant at the time
of the commission of the acts which gave rise to the forfeiture of the
property under this section; or
(B) the petitioner is a bona fide purchaser for value of the right,
title, or interest in the property and was at the time of purchase
reasonably without cause to believe that the property was subject to
forfeiture under this section;
the court shall amend the order of forfeiture in accordance with its
determination.
(7) Following the court's disposition of all petitions filed under
this subsection, or if no such petitions are filed following the
expiration of the period provided in paragraph (2) for the filing of
such petitions, the United States shall have clear title to property
that is the subject of the order of forfeiture and may warrant good
title to any subsequent purchaser or transferee.
(m) Construction. -- This section shall be liberally construed to
effectuate its remedial purposes.
(n) Substitute Assets. -- If any of the property described in
subsection (a), as a result of any act or omission of the defendant --
(1) cannot be located upon the exercise of due diligence;
(2) has been transferred or sold to, or deposited with, a third
party;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value; or
(5) has been commingled with other property which cannot be divided
without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs (1)
through (5).
(Added Pub. L. 100-690, title VII, 7522(a), Nov. 18, 1988, 102 Stat.
4490; amended Pub. L. 101-647, title XXXV, 3549, Nov. 29, 1990, 104
Stat. 4926.)
The Federal Rules of Evidence, referred to in subsec. (c)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Section 616 of the Tariff Act of 1930, referred to in subsec.
(h)(4), is classified to section 1616a of Title 19, Customs Duties.
The Federal Rules of Criminal Procedure, referred to in subsec. (k),
are set out in the Appendix to this title.
1990 -- Subsec. (h)(4). Pub. L. 101-647 substituted ''under section
616 of the Tariff Act of 1930'' for ''in accordance with the provisions
of section 1616, title 19, United States Code''.
18 USC 1468. Distributing obscene material by cable or subscription
television
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly utters any obscene language or distributes any
obscene matter by means of cable television or subscription services on
television, shall be punished by imprisonment for not more than 2 years
or by a fine in accordance with this title, or both.
(b) As used in this section, the term ''distribute'' means to send,
transmit, retransmit, telecast, broadcast, or cablecast, including by
wire, microwave, or satellite, or to produce or provide material for
such distribution.
(c) Nothing in this chapter, or the Cable Communications Policy Act
of 1984, or any other provision of Federal law, is intended to interfere
with or preempt the power of the States, including political
subdivisions thereof, to regulate the uttering of language that is
obscene or otherwise unprotected by the Constitution or the distribution
of matter that is obscene or otherwise unprotected by the Constitution,
of any sort, by means of cable television or subscription services on
television.
(Added Pub. L. 100-690, title VII, 7523(a), Nov. 18, 1988, 102 Stat.
4501.)
The Cable Communications Policy Act of 1984, referred to in subsec.
(c), is Pub. L. 98-549, Oct. 30, 1984, 98 Stat. 2779, which is
classified principally to subchapter V-A ( 521 et seq.) of chapter 5 of
Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete
classification of this Act to the Code, see Short Title of 1984
Amendment note set out under section 609 of Title 47 and Tables.
18 USC 1469. Presumptions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In any prosecution under this chapter in which an element of the
offense is that the matter in question was transported, shipped, or
carried in interstate commerce, proof, by either circumstantial or
direct evidence, that such matter was produced or manufactured in one
State and is subsequently located in another State shall raise a
rebuttable presumption that such matter was transported, shipped, or
carried in interstate commerce.
(b) In any prosecution under this chapter in which an element of the
offense is that the matter in question was transported, shipped, or
carried in foreign commerce, proof, by either circumstantial or direct
evidence, that such matter was produced or manufactured outside of the
United States and is subsequently located in the United States shall
raise a rebuttable presumption that such matter was transported,
shipped, or carried in foreign commerce.
(Added Pub. L. 100-690, title VII, 7521(d), Nov. 18, 1988, 102 Stat.
4489.)
18 USC CHAPTER 73 -- OBSTRUCTION OF JUSTICE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1501. Assault on process server.
1502. Resistance to extradition agent.
1503. Influencing or injuring officer or juror generally.
1504. Influencing juror by writing.
1505. Obstruction of proceedings before departments, agencies, and
committees.
1506. Theft or alteration of record or process; false bail.
1507. Picketing or parading.
1508. Recording, listening to, or observing proceedings of grand or
petit juries while deliberating or voting.
1509. Obstruction of court orders.
1510. Obstruction of criminal investigations.
1511. Obstruction of State or local law enforcement.
1512. Tampering with a witness, victim, or an informant.
1513. Retaliating against a witness, victim, or an informant.
1514. Civil action to restrain harassment of a victim or witness.
1515. Definitions for certain provisions; general provision.
1516. Obstruction of Federal audit.
1517. Obstructing examination of financial institution.
1990 -- Pub. L. 101-647, title XXV, 2503(b), Nov. 29, 1990, 104
Stat. 4861, added item 1517.
1988 -- Pub. L. 100-690, title VII, 7030, 7078(b), Nov. 18, 1988,
102 Stat. 4398, 4406, inserted ''; general provision'' in item 1515
and added item 1516.
1982 -- Pub. L. 97-291, 4(b), Oct. 12, 1982, 96 Stat. 1253,
substituted ''or juror'' for '', juror or witness'' after ''officer'' in
item 1503, and added items 1512, 1513, 1514, and 1515.
1970 -- Pub. L. 91-452, title VIII, 802(b), Oct. 15, 1970, 84
Stat. 937, added item 1511.
1967 -- Pub. L. 90-123, 1(b), Nov. 3, 1967, 81 Stat. 362, added
item 1510.
1962 -- Pub. L. 87-664, 6(b), Sept. 19, 1962, 76 Stat. 552,
substituted ''Obstruction of proceedings before departments, agencies,
and committees'' for ''Influencing or injuring witness before agencies
and committees'' in item 1505.
1960 -- Pub. L. 86-449, title I, 102, May 6, 1960, 74 Stat. 86,
added item 1509.
1956 -- Act Aug. 2, 1956, ch. 879, 2, 70 Stat. 936, added item
1508.
1950 -- Act Sept. 23, 1950, ch. 1024, title I, 31(b), 64 Stat.
1019, added item 1507.
Conspiracy to obstruct justice, see section 1985 of Title 42, The
Public Health and Welfare.
Obstructing administration of justice as criminal contempt, see
section 401 of this title.
Peonage, obstructing enforcement of law prohibiting, see section 1581
of this title.
18 USC 1501. Assault on process server
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly and willfully obstructs, resists, or opposes any
officer of the United States, or other person duly authorized, in
serving, or attempting to serve or execute, any legal or judicial writ
or process of any court of the United States, or United States
commissioner; or
Whoever assaults, beats, or wounds any officer or other person duly
authorized, knowing him to be such officer, or other person so duly
authorized, in serving or executing any such writ, rule, order, process,
warrant, or other legal or judicial writ or process --
Shall, except as otherwise provided by law, be fined not more than
$300 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 769.)
Based on title 18, U.S.C., 1940 ed., 245 (Mar. 4, 1909, ch. 321,
140, 35 Stat. 1114).
The phrase ''Except as otherwise expressly provided by law'' was
inserted because sections 2231, 2232, and 2233 of this title provide
greater penalties for obstructing service of search warrants.
Mandatory provisions were rephrased in the alternative.
Minor changes were made in phraseology.
United States commissioners, referred to in text, were replaced by
United States magistrates pursuant to Pub. L. 90-578, title IV,
402(b)(2), Oct. 17, 1968, 82 Stat. 1118. See chapter 43 ( 631 et seq.)
of Title 28, Judiciary and Judicial Procedure.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28.
Pub. L. 97-291, 1, Oct. 12, 1982, 96 Stat. 1248, provided: ''That
this Act (enacting sections 1512 to 1515, 3579, and 3580 of this title,
amending sections 1503, 1505, 1510, and 3146 of this title and Rule 32
of the Federal Rules of Civil Procedure, and enacting provisions set out
as notes under sections 1512 and 3579 of this title) may be cited as the
'Victim and Witness Protection Act of 1982'.''
Assaulting Federal officer, see section 111 of this title.
Killing Federal officer, see section 1114 of this title.
Obstructing searches or seizures, see sections 2231 and 2232 of this
title.
18 USC 1502. Resistance to extradition agent
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly and willfully obstructs, resists, or opposes an
extradition agent of the United States in the execution of his duties,
shall be fined not more than $300 or imprisoned not more than one year,
or both.
(June 24, 1948, ch. 645, 62 Stat. 769.)
Based on title 18, U.S.C., 1940 ed., 661 (R.S. 5277).
Said section 661 of title 18, U.S.C., 1940 ed., was incorporated in
this section and section 752 of this title.
Words ''an extradition agent of the United States'' were substituted
for ''such agent'' which was referred to in sections 3182 et seq. of
this title.
A fine of ''$300'' was substituted for ''$1,000'' as the mandatory
maximum to harmonize with similar offenses in this chapter. (See
section 1501 of this title.)
Punishment provision was rephrased in the alternative.
Extradition of fugitives, see section 3181 et seq. of this title.
18 USC 1503. Influencing or injuring officer or juror generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever corruptly, or by threats or force, or by any threatening
letter or communication, endeavors to influence, intimidate, or impede
any grand or petit juror, or officer in or of any court of the United
States, or officer who may be serving at any examination or other
proceeding before any United States commissioner or other committing
magistrate, in the discharge of his duty, or injures any such grand or
petit juror in his person or property on account of any verdict or
indictment assented to by him, or on account of his being or having been
such juror, or injures any such officer, commissioner, or other
committing magistrate in his person or property on account of the
performance of his official duties, or corruptly or by threats or force,
or by any threatening letter or communication, influences, obstructs, or
impedes, or endeavors to influence, obstruct, or impede, the due
administration of justice, shall be fined not more than $5,000 or
imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 769; Oct. 12, 1982, Pub. L.
97-291, 4(c), 96 Stat. 1253.)
Based on title 18, U.S.C., 1940 ed., 241 (Mar. 4, 1909, ch. 321,
135, 35 Stat. 1113; June 8, 1945, ch. 178, 1, 59 Stat. 234).
The phrase ''other committing magistrate'' was substituted for
''officer acting as such commissioner'' in order to clarify meaning.
Minor changes were made in phraseology.
1982 -- Pub. L. 97-291, 4(c)(1), substituted ''or juror'' for '',
juror or witness'' after ''officer'' in section catchline.
Pub. L. 97-291, 4(c)(2), (3), substituted in text ''grand'' for
''witness, in any court of the United States or before any United States
commissioner or other committing magistrate, or any grand'' after ''or
impede any'', and struck out ''injures any party or witness in his
person or property on account of his attending or having attended such
court or examination before such officer, commissioner, or other
committing magistrate, or on account of his testifying or having
testified to any matter pending therein, or'' after ''discharge of his
duty, or''.
United States commissioners, referred to in text, were replaced by
United States magistrates pursuant to Pub. L. 90-578, title IV,
402(b)(2), Oct. 17, 1968, 82 Stat. 1118. See chapter 43 ( 631 et seq.)
of Title 28, Judiciary and Judicial Procedure.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28.
Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section
9(a) of Pub. L. 97-291, set out as an Effective Date note under section
1512 of this title.
Bribery of officers, jurors, or witnesses, see section 201 et seq.
of this title.
Influencing juror or witness as criminal contempt, see section 401 of
this title.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
29 section 1111.
18 USC 1504. Influencing juror by writing
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever attempts to influence the action or decision of any grand or
petit juror of any court of the United States upon any issue or matter
pending before such juror, or before the jury of which he is a member,
or pertaining to his duties, by writing or sending to him any written
communication, in relation to such issue or matter, shall be fined not
more than $1,000 or imprisoned not more than six months, or both.
Nothing in this section shall be construed to prohibit the
communication of a request to appear before the grand jury.
(June 25, 1948, ch. 645, 62 Stat. 770.)
Based on title 18, U.S.C., 1940 ed., 243 (Mar. 4, 1909, ch. 321,
137, 35 Stat. 1113).
Last paragraph was added to remove the possibility that a proper
request to appear before a grand jury might be construed as a technical
violation of this section.
Minor changes were made in phraseology.
Bribery of public officials and witnesses, see section 201 of this
title.
Minor offenses tried by United States magistrate judges as excluding
offenses punishable under this section, see section 3401 of this title.
18 USC 1505. Obstruction of proceedings before departments, agencies,
and committees
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, with intent to avoid, evade, prevent, or obstruct
compliance, in whole or in part, with any civil investigative demand
duly and properly made under the Antitrust Civil Process Act, willfully
withholds, misrepresents, removes from any place, conceals, covers up,
destroys, mutilates, alters, or by other means falsifies any documentary
material, answers to written interrogatories, or oral testimony, which
is the subject of such demand; or attempts to do so or solicits another
to do so; or
Whoever corruptly, or by threats or force, or by any threatening
letter or communication influences, obstructs, or impedes or endeavors
to influence, obstruct, or impede the due and proper administration of
the law under which any pending proceeding is being had before any
department or agency of the United States, or the due and proper
exercise of the power of inquiry under which any inquiry or
investigation is being had by either House, or any committee of either
House or any joint committee of the Congress --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 770; Sept. 19, 1962, Pub. L.
87-664, 6(a), 76 Stat. 551; Oct. 15, 1970, Pub. L. 91-452, title IX,
903, 84 Stat. 947; Sept. 30, 1976, Pub. L. 94-435, title I, 105, 90
Stat. 1389; Oct. 12, 1982, Pub. L. 97-291, 4(d), 96 Stat. 1253.)
Based on title 18, U.S.C., 1940 ed., 241a, (Mar. 4, 1909, ch. 321,
135a, as added Jan. 13, 1940, ch. 1, 54 Stat. 13; June 8, 1945, ch.
178, 2, 59 Stat. 234).
Word ''agency'' was substituted for the words ''independent
establishment, board, commission'' in two instances to eliminate any
possible ambiguity as to scope of section. (See definitive section 6 of
this title.)
Minor changes were made in phraseology.
The Antitrust Civil Process Act, referred to in text, is Pub. L.
87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is classified
generally to chapter 34 ( 1311 et seq.) of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see Short Title
note set out under section 1311 of Title 15 and Tables.
1982 -- Pub. L. 97-291 struck out first two paragraphs which
provided, respectively, that whoever corruptly, or by threats or force,
or by any threatening letter or communication, endeavored to influence,
intimidate, or impede any witness in any proceeding pending before any
department or agency of the United States, or in connection with any
inquiry or investigation being had by either House, or any committee of
either House, or any joint committee of the Congress, and whoever
injured any party or witness in his person or property on account of his
attending or having attended such proceeding, inquiry, or investigation,
or on account of his testifying or having testified to any matter
pending therein, would be subject to the penalty set forth in the last
paragraph, and in the fourth paragraph substituted ''any pending'' for
''such'' after ''law under which'', and substituted ''any'' for ''such''
before ''department'' and before ''inquiry''.
1976 -- Pub. L. 94-435 struck out ''section 1968 of this title''
after ''Antitrust Civil Process Act'', inserted ''withholds,
misrepresents'' after ''willfully'', ''covers up'' after ''conceals'',
''answers to written interrogatories, or oral testimony'', after ''any
documentary material'', and ''or attempts to do so or solicits another
to do so;'' after ''such demand''.
1970 -- Pub. L. 91-452 inserted reference to section 1968 of this
title.
1962 -- Pub. L. 87-664 substituted section catchline ''Obstruction
of proceedings before departments, agencies, and committees'' for
''Influencing or injuring witness before agencies and committees'' and
punished the willful removal, concealment, destruction, mutilation,
alteration or falsification of documents which were the subject of a
demand under the Antitrust Civil Process Act if done with the intent to
prevent compliance with a civil investigative demand.
Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section
9(a) of Pub. L. 97-291, set out as an Effective Date note under section
1512 of this title.
Amendment by Pub. L. 94-435 effective Sept. 30, 1976, see section
106 of Pub. L. 94-435, set out as a note under section 1311 of Title
15, Commerce and Trade.
Bribery of public officials or witnesses, see section 201 of this
title.
title 29 section 1111.
18 USC 1506. Theft or alteration of record or process; false bail
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever feloniously steals, takes away, alters, falsifies, or
otherwise avoids any record, writ, process, or other proceeding, in any
court of the United States, whereby any judgment is reversed, made void,
or does not take effect; or
Whoever acknowledges, or procures to be acknowledged in any such
court, any recognizance, bail, or judgment, in the name of any other
person not privy or consenting to the same --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 770.)
Based on title 18, U.S.C., 1940 ed., 233 (Mar. 4, 1909, ch. 321,
127, 35 Stat. 1111).
The term of imprisonment was reduced from 7 to 5 years, to conform
the punishment with like ones for similar offenses. (See section 1503
of this title.)
Minor changes were made in phraseology.
Concealment, removal or destruction of records, see section 2071 of
this title.
Embezzlement or theft of records, generally, see section 641 of this
title.
18 USC 1507. Picketing or parading
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, with the intent of interfering with, obstructing, or
impeding the administration of justice, or with the intent of
influencing any judge, juror, witness, or court officer, in the
discharge of his duty, pickets or parades in or near a building housing
a court of the United States, or in or near a building or residence
occupied or used by such judge, juror, witness, or court officer, or
with such intent uses any sound-truck or similar device or resorts to
any other demonstration in or near any such building or residence, shall
be fined not more than $5,000 or imprisoned not more than one year, or
both.
Nothing in this section shall interfere with or prevent the exercise
by any court of the United States of its power to punish for contempt.
(Added Sept. 23, 1950, ch. 1024, title I, 31(a), 64 Stat. 1018.)
18 USC 1508. Recording, listening to, or observing proceedings of
grand or petit juries while deliberating or voting
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly and willfully, by any means or device whatsoever --
(a) records, or attempts to record, the proceedings of any grand or
petit jury in any court of the United States while such jury is
deliberating or voting; or
(b) listens to or observes, or attempts to listen to or observe, the
proceedings of any grand or petit jury of which he is not a member in
any court of the United States while such jury is deliberating or voting
--
shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
Nothing in paragraph (a) of this section shall be construed to
prohibit the taking of notes by a grand or petit juror in any court of
the United States in connection with and solely for the purpose of
assisting him in the performance of his duties as such juror.
(Added Aug. 2, 1956, ch. 879, 1, 70 Stat. 935.)
Minor offenses tried by United States magistrate judges as excluding
offenses punishable under this section, see section 3401 of this title.
18 USC 1509. Obstruction of court orders
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, by threats or force, willfully prevents, obstructs, impedes,
or interferes with, or willfully attempts to prevent, obstruct, impede,
or interfere with, the due exercise of rights or the performance of
duties under any order, judgment, or decree of a court of the United
States, shall be fined not more than $1,000 or imprisoned not more than
one year, or both.
No injunctive or other civil relief against the conduct made criminal
by this section shall be denied on the ground that such conduct is a
crime.
(Added Pub. L. 86-449, title I, 101, May 6, 1960, 74 Stat. 86.)
Minor offenses tried by United States magistrate judges as excluding
offenses punishable under this section, see section 3401 of this title.
18 USC 1510. Obstruction of criminal investigations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever willfully endeavors by means of bribery to obstruct,
delay, or prevent the communication of information relating to a
violation of any criminal statute of the United States by any person to
a criminal investigator shall be fined not more than $5,000, or
imprisoned not more than five years, or both.
(b)(1) Whoever, being an officer of a financial institution, with the
intent to obstruct a judicial proceeding, directly or indirectly
notifies any other person about the existence or contents of a subpoena
for records of that financial institution, or information that has been
furnished to the grand jury in response to that subpoena, shall be fined
under this title or imprisoned not more than 5 years, or both.
(2) Whoever, being an officer of a financial institution, directly or
indirectly notifies --
(A) a customer of that financial institution whose records are sought
by a grand jury subpoena; or
(B) any other person named in that subpoena;
about the existence or contents of that subpoena or information that
has been furnished to the grand jury in response to that subpoena, shall
be fined under this title or imprisoned not more than one year, or both.
(3) As used in this subsection --
(A) the term ''an officer of a financial institution'' means an
officer, director, partner, employee, agent, or attorney of or for a
financial institution; and
(B) the term ''subpoena for records'' means a Federal grand jury
subpoena for customer records that has been served relating to a
violation of, or a conspiracy to violate --
(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957,
or chapter 53 of title 31; or
(ii) section 1341 or 1343 affecting a financial institution.
(c) As used in this section, the term ''criminal investigator'' means
any individual duly authorized by a department, agency, or armed force
of the United States to conduct or engage in investigations of or
prosecutions for violations of the criminal laws of the United States.
(Added Pub. L. 90-123, 1(a), Nov. 3, 1967, 81 Stat. 362; amended
Pub. L. 97-291, 4(e), Oct. 12, 1982, 96 Stat. 1253; Pub. L. 101-73,
title IX, 962(c), Aug. 9, 1989, 103 Stat. 502; Pub. L. 102-550, title
XV, 1528, Oct. 28, 1992, 106 Stat. 4065.)
1992 -- Subsec. (b)(3)(B)(i). Pub. L. 102-550 substituted ''1344,
1956, 1957, or chapter 53 of title 31'' for ''or 1344''.
1989 -- Subsecs. (b), (c). Pub. L. 101-73 added subsec. (b) and
redesignated former subsec. (b) as (c).
1982 -- Subsec. (a). Pub. L. 97-291 struck out '',
misrepresentation, intimidation, or force or threats thereof'' after
''bribery'', and struck out provision applying the penalties provided by
this subsection to whoever injured any person in his person or property
on account of the giving by such person or any other person of any
information relating to a violation of any criminal statute of the
United States to any criminal investigator.
Amendment by Pub. L. 97-291 effective Oct. 12, 1982, see section
9(a) of Pub. L. 97-291, set out as an Effective Date note under section
1512 of this title.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC 1511. Obstruction of State or local law enforcement
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It shall be unlawful for two or more persons to conspire to
obstruct the enforcement of the criminal laws of a State or political
subdivision thereof, with the intent to facilitate an illegal gambling
business if --
(1) one or more of such persons does any act to effect the object of
such a conspiracy;
(2) one or more of such persons is an official or employee, elected,
appointed, or otherwise, of such State or political subdivision; and
(3) one or more of such persons conducts finances, manages,
supervises, directs, or owns all or part of an illegal gambling
business.
(b) As used in this section --
(1) ''illegal gambling business'' means a gambling business which --
(i) is a violation of the law of a State or political subdivision in
which it is conducted;
(ii) involves five or more persons who conduct, finance, manage,
supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a
period in excess of thirty days or has a gross revenue of $2,000 in any
single day.
(2) ''gambling'' includes but is not limited to pool-selling,
bookmaking, maintaining slot machines, roulette wheels, or dice tables,
and conducting lotteries, policy, bolita or numbers games, or selling
chances therein.
(3) ''State'' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(c) This section shall not apply to any bingo game, lottery, or
similar game of chance conducted by an organization exempt from tax
under paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, as amended, if no part of the gross receipts
derived from such activity inures to the benefit of any private
shareholder, member, or employee of such organization, except as
compensation for actual expenses incurred by him in the conduct of such
activity.
(d) Whoever violates this section shall be punished by a fine of not
more than $20,000 or imprisonment for not more than five years, or both.
(Added Pub. L. 91-452, title VIII, 802(a), Oct. 15, 1970, 84 Stat.
936; Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
Paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, referred to in subsec. (c), is classified to
section 501(c)(3) of Title 26, Internal Revenue Code.
1986 -- Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
Section 801 of title VIII of Pub. L. 91-452 provided that: ''The
Congress finds that illegal gambling involves widespread use of, and has
an effect upon, interstate commerce and the facilities thereof.''
Section 811 of title VIII of Pub. L. 91-452 provided that: ''No
provision of this title (enacting this section and section 1955 of this
title, amending section 2516 of this title, and enacting provisions set
out as notes under this section and section 1955 of this title)
indicates an intent on the part of the Congress to occupy the field in
which such provision operates to the exclusion of the law of a state or
possession, or a political subdivision of a State or possession, on the
same subject matter, or to relieve any person of any obligation imposed
by any law of any State or possession, or political subdivision of a
State or possession.''
18 USC 1512. Tampering with a witness, victim, or an informant
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) Whoever kills or attempts to kill another person, with intent
to --
(A) prevent the attendance or testimony of any person in an official
proceeding;
(B) prevent the production of a record, document, or other object, in
an official proceeding; or
(C) prevent the communication by any person to a law enforcement
officer or judge of the United States of information relating to the
commission or possible commission of a Federal offense or a violation of
conditions of probation, parole, or release pending judicial
proceedings;
shall be punished as provided in paragraph (2).
(2) The punishment for an offense under this subsection is --
(A) in the case of a killing, the punishment provided in sections
1111 and 1112 of this title; and
(B) in the case of an attempt, imprisonment for not more than twenty
years.
(b) Whoever knowingly uses intimidation or physical force, threatens,
or corruptly persuades another person, or attempts to do so, or engages
in misleading conduct toward another person, with intent to --
(1) influence, delay, or prevent the testimony of any person in an
official proceeding;
(2) cause or induce any person to --
(A) withhold testimony, or withhold a record, document, or other
object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to
impair the object's integrity or availability for use in an official
proceeding;
(C) evade legal process summoning that person to appear as a witness,
or to produce a record, document, or other object, in an official
proceeding; or
(D) be absent from an official proceeding to which such person has
been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law enforcement
officer or judge of the United States of information relating to the
commission or possible commission of a Federal offense or a violation of
conditions of probation, parole, or release pending judicial
proceedings;
shall be fined not more than $250,000 or imprisoned not more than ten
years, or both.
(c) Whoever intentionally harasses another person and thereby
hinders, delays, prevents, or dissuades any person from --
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the United
States the commission or possible commission of a Federal offense or a
violation of conditions of probation, parole, or release pending
judicial proceedings;
(3) arresting or seeking the arrest of another person in connection
with a Federal offense; or
(4) causing a criminal prosecution, or a parole or probation
revocation proceeding, to be sought or instituted, or assisting in such
prosecution or proceeding;
or attempts to do so, shall be fined not more than $25,000 or
imprisoned not more than one year, or both.
(d) In a prosecution for an offense under this section, it is an
affirmative defense, as to which the defendant has the burden of proof
by a preponderance of the evidence, that the conduct consisted solely of
lawful conduct and that the defendant's sole intention was to encourage,
induce, or cause the other person to testify truthfully.
(e) For the purposes of this section --
(1) an official proceeding need not be pending or about to be
instituted at the time of the offense; and
(2) the testimony, or the record, document, or other object need not
be admissible in evidence or free of a claim of privilege.
(f) In a prosecution for an offense under this section, no state of
mind need be proved with respect to the circumstance --
(1) that the official proceeding before a judge, court, magistrate,
grand jury, or government agency is before a judge or court of the
United States, a United States magistrate, a bankruptcy judge, a Federal
grand jury, or a Federal Government agency; or
(2) that the judge is a judge of the United States or that the law
enforcement officer is an officer or employee of the Federal Government
or a person authorized to act for or on behalf of the Federal Government
or serving the Federal Government as an adviser or consultant.
(g) There is extraterritorial Federal jurisdiction over an offense
under this section.
(h) A prosecution under this section or section 1503 may be brought
in the district in which the official proceeding (whether or not pending
or about to be instituted) was intended to be affected or in the
district in which the conduct constituting the alleged offense occurred.
(Added Pub. L. 97-291, 4(a), Oct. 12, 1982, 96 Stat. 1249; amended
Pub. L. 99-646, 61, Nov. 10, 1986, 100 Stat. 3614; Pub. L. 100-690,
title VII, 7029(a), (c), Nov. 18, 1988, 102 Stat. 4397, 4398.)
1988 -- Subsec. (b). Pub. L. 100-690, 7029(c), substituted
''threatens, or corruptly persuades'' for ''or threatens''.
Subsec. (h). Pub. L. 100-690, 7029(a), added subsec. (h).
1986 -- Subsec. (a). Pub. L. 99-646, 61(2), (3), added subsec. (a)
and redesignated former subsec. (a) as (b).
Subsecs. (b) to (g). Pub. L. 99-646, 61(1), (3), redesignated
former subsec. (a) as (b), inserted '', delay, or prevent'', and
redesignated former subsecs. (b) to (f) as (c) to (g), respectively.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Section 9 of Pub. L. 97-291 provided that:
''(a) Except as provided in subsection (b), this Act and the
amendments made by this Act (enacting this section and sections 1513 to
1515, 3579, and 3580 of this title, amending sections 1503, 1505, 1510,
and 3146 of this title and Rule 32 of the Federal Rules of Criminal
Procedure, and enacting provisions set out as notes under this section
and sections 1501 and 3579 of this title) shall take effect on the date
of the enactment of this Act (Oct. 12, 1982).
''(b)(1) The amendment made by section 2 of this Act (enacting
provisions set out as a note under this section) shall apply to
presentence reports ordered to be made on or after March 1, 1983.
''(2) The amendments made by section 5 of this Act (enacting sections
3579 and 3580 of this title) shall apply with respect to offenses
occurring on or after January 1, 1983.''
Section 2 of Pub. L. 97-291 provided that:
''(a) The Congress finds and declares that:
''(1) Without the cooperation of victims and witnesses, the criminal
justice system would cease to function; yet with few exceptions these
individuals are either ignored by the criminal justice system or simply
used as tools to identify and punish offenders.
''(2) All too often the victim of a serious crime is forced to suffer
physical, psychological, or financial hardship first as a result of the
criminal act and then as a result of contact with a criminal justice
system unresponsive to the real needs of such victim.
''(3) Although the majority of serious crimes falls under the
jurisdiction of State and local law enforcement agencies, the Federal
Government, and in particular the Attorney General, has an important
leadership role to assume in ensuring that victims of crime, whether at
the Federal, State, or local level, are given proper treatment by
agencies administering the criminal justice system.
''(4) Under current law, law enforcement agencies must have
cooperation from a victim of crime and yet neither the agencies nor the
legal system can offer adequate protection or assistance when the
victim, as a result of such cooperation, is threatened or intimidated.
''(5) While the defendant is provided with counsel who can explain
both the criminal justice process and the rights of the defendant, the
victim or witness has no counterpart and is usually not even notified
when the defendant is released on bail, the case is dismissed, a plea to
a lesser charge is accepted, or a court date is changed.
''(6) The victim and witness who cooperate with the prosecutor often
find that the transportation, parking facilities, and child care
services at the court are unsatisfactory and they must often share the
pretrial waiting room with the defendant or his family and friends.
''(7) The victim may lose valuable property to a criminal only to
lose it again for long periods of time to Federal law enforcement
officials, until the trial and sometimes and (sic) appeals are over;
many times that property is damaged or lost, which is particularly
stressful for the elderly or poor.
''(b) The Congress declares that the purposes of this Act (see Short
Title of 1982 Amendment note set out under section 1501 of this title)
are --
''(1) to enhance and protect the necessary role of crime victims and
witnesses in the criminal justice process;
''(2) to ensure that the Federal Government does all that is possible
within limits of available resources to assist victims and witnesses of
crime without infringing on the constitutional rights of the defendant;
and
''(3) to provide a model for legislation for State and local
governments.''
Section 6 of Pub. L. 97-291, as amended by Pub. L. 98-473, title
II, 1408(b), Oct. 12, 1984, 98 Stat. 2177, provided that:
''(a) Within two hundred and seventy days after the date of enactment
of this Act (Oct. 12, 1982), the Attorney General shall develop and
implement guidelines for the Department of Justice consistent with the
purposes of this Act (see Short Title of 1982 Amendment note set out
under section 1501 of this title). In preparing the guidelines the
Attorney General shall consider the following objectives:
''(1) Services to victims of crime. -- Law enforcement personnel
should ensure that victims routinely receive emergency social and
medical services as soon as possible and are given information on the
following --
''(A) availability of crime victim compensation (where applicable);
''(B) community-based victim treatment programs;
''(C) the role of the victim in the criminal justice process,
including what they can expect from the system as well as what the
system expects from them; and
''(D) stages in the criminal justice process of significance to a
crime victim, and the manner in which information about such stages can
be obtained.
''(2) Notification of availability of protection. -- A victim or
witness should routinely receive information on steps that law
enforcement officers and attorneys for the Government can take to
protect victims and witnesses from intimidation.
''(3) Scheduling changes. -- All victims and witnesses who have been
scheduled to attend criminal justice proceedings should either be
notified as soon as possible of any scheduling changes which will affect
their appearances or have available a system for alerting witnesses
promptly by telephone or otherwise.
''(4) Prompt notification to victims of serious crimes. -- Victims,
witnesses, relatives of those victims and witnesses who are minors, and
relatives of homicide victims should, if such persons provide the
appropriate official with a current address and telephone number,
receive prompt advance notification, if possible, of --
''(A) the arrest of an accused;
''(B) the initial appearance of an accused before a judicial officer;
''(C) the release of the accused pending judicial proceedings; and
''(D) proceedings in the prosecution and punishment of the accused
(including entry of a plea of guilty, trial, sentencing, and, where a
term of imprisonment is imposed, a hearing to determine a parole release
date and the release of the accused from such imprisonment).
''(5) Consultation with victim. -- The victim of a serious crime, or
in the case of a minor child or a homicide, the family of the victim,
should be consulted by the attorney for the Government in order to
obtain the views of the victim or family about the disposition of any
Federal criminal case brought as a result of such crime, including the
views of the victim or family about --
''(A) dismissal;
''(B) release of the accused pending judicial proceedings;
''(C) plea negotiations; and
''(D) pretrial diversion program.
''(6) Separate waiting area. -- Victims and other prosecution
witnesses should be provided prior to court appearance a waiting area
that is separate from all other witnesses.
''(7) Property return. -- Law enforcement agencies and prosecutor
should promptly return victim's property held for evidentiary purposes
unless there is a compelling law enforcement reason for retaining it.
''(8) Notification to employer. -- A victim or witness who so
requests should be assisted by law enforcement agencies and attorneys
for the Government in informing employers that the need for victim and
witness cooperation in the prosecution of the case may necessitate
absence of that victim or witness from work. A victim or witness who,
as a direct result of a crime or of cooperation with law enforcement
agencies or attorneys for the Government, is subjected to serious
financial strain, should be assisted by such agencies and attorneys in
explaining to creditors the reason for such serious financial strain.
''(9) Training by federal law enforcement training facilities. --
Victim assistance education and training should be offered to persons
taking courses at Federal law enforcement training facilities and
attorneys for the Government so that victims may be promptly, properly,
and completely assisted.
''(10) General victim assistance. -- The guidelines should also
ensure that any other important assistance to victims and witnesses,
such as the adoption of transportation, parking, and translator services
for victims in court be provided.
''(b) Nothing in this title shall be construed as creating a cause of
action against the United States.
''(c) The Attorney General shall assure that all Federal law
enforcement agencies outside of the Department of Justice adopt
guidelines consistent with subsection (a) of this section.''
(Amendment of section 6 of Pub. L. 97-291 by Pub. L. 98-473, set out
above, effective 30 days after Oct. 12, 1984, see section 1409(a) of
Pub. L. 98-473, set out as an Effective Date note under section 10601 of
Title 42, The Public Health and Welfare.)
18 USC 1513. Retaliating against a witness, victim, or an informant
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly engages in any conduct and thereby causes
bodily injury to another person or damages the tangible property of
another person, or threatens to do so, with intent to retaliate against
any person for --
(1) the attendance of a witness or party at an official proceeding,
or any testimony given or any record, document, or other object produced
by a witness in an official proceeding; or
(2) any information relating to the commission or possible commission
of a Federal offense or a violation of conditions of probation, parole,
or release pending judicial proceedings given by a person to a law
enforcement officer;
or attempts to do so, shall be fined not more than $250,000 or
imprisoned not more than ten years, or both.
(b) There is extraterritorial Federal jurisdiction over an offense
under this section.
(Added Pub. L. 97-291, 4(a), Oct. 12, 1982, 96 Stat. 1250.)
Section effective Oct. 12, 1982, see section 9(a) of Pub. L.
97-291, set out as a note under section 1512 of this title.
18 USC 1514. Civil action to restrain harassment of a victim or
witness
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) A United States district court, upon application of the
attorney for the Government, shall issue a temporary restraining order
prohibiting harassment of a victim or witness in a Federal criminal case
if the court finds, from specific facts shown by affidavit or by
verified complaint, that there are reasonable grounds to believe that
harassment of an identified victim or witness in a Federal criminal case
exists or that such order is necessary to prevent and restrain an
offense under section 1512 of this title, other than an offense
consisting of misleading conduct, or under section 1513 of this title.
(2)(A) A temporary restraining order may be issued under this section
without written or oral notice to the adverse party or such party's
attorney in a civil action under this section if the court finds, upon
written certification of facts by the attorney for the Government, that
such notice should not be required and that there is a reasonable
probability that the Government will prevail on the merits.
(B) A temporary restraining order issued without notice under this
section shall be endorsed with the date and hour of issuance and be
filed forthwith in the office of the clerk of the court issuing the
order.
(C) A temporary restraining order issued under this section shall
expire at such time, not to exceed 10 days from issuance, as the court
directs; the court, for good cause shown before expiration of such
order, may extend the expiration date of the order for up to 10 days or
for such longer period agreed to by the adverse party.
(D) When a temporary restraining order is issued without notice, the
motion for a protective order shall be set down for hearing at the
earliest possible time and takes precedence over all matters except
older matters of the same character, and when such motion comes on for
hearing, if the attorney for the Government does not proceed with the
application for a protective order, the court shall dissolve the
temporary restraining order.
(E) If on two days notice to the attorney for the Government or on
such shorter notice as the court may prescribe, the adverse party
appears and moves to dissolve or modify the temporary restraining order,
the court shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
(F) A temporary restraining order shall set forth the reasons for the
issuance of such order, be specific in terms, and describe in reasonable
detail (and not by reference to the complaint or other document) the act
or acts being restrained.
(b)(1) A United States district court, upon motion of the attorney
for the Government, shall issue a protective order prohibiting
harassment of a victim or witness in a Federal criminal case if the
court, after a hearing, finds by a preponderance of the evidence that
harassment of an identified victim or witness in a Federal criminal case
exists or that such order is necessary to prevent and restrain an
offense under section 1512 of this title, other than an offense
consisting of misleading conduct, or under section 1513 of this title.
(2) At the hearing referred to in paragraph (1) of this subsection,
any adverse party named in the complaint shall have the right to present
evidence and cross-examine witnesses.
(3) A protective order shall set forth the reasons for the issuance
of such order, be specific in terms, describe in reasonable detail (and
not by reference to the complaint or other document) the act or acts
being restrained.
(4) The court shall set the duration of effect of the protective
order for such period as the court determines necessary to prevent
harassment of the victim or witness but in no case for a period in
excess of three years from the date of such order's issuance. The
attorney for the Government may, at any time within ninety days before
the expiration of such order, apply for a new protective order under
this section.
(c) As used in this section --
(1) the term ''harassment'' means a course of conduct directed at a
specific person that --
(A) causes substantial emotional distress in such person; and
(B) serves no legitimate purpose; and
(2) the term ''course of conduct'' means a series of acts over a
period of time, however short, indicating a continuity of purpose.
(Added Pub. L. 97-291, 4(a), Oct. 12, 1982, 96 Stat. 1250.)
Section effective Oct. 12, 1982, see section 9(a) of Pub. L.
97-291, set out as a note under section 1512 of this title.
18 USC 1515. Definitions for certain provisions; general provision
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) As used in sections 1512 and 1513 of this title and in this
section --
(1) the term ''official proceeding'' means --
(A) a proceeding before a judge or court of the United States, a
United States magistrate, a bankruptcy judge, a judge of the United
States Tax Court, a special trial judge of the Tax Court, a judge of the
United States Court of Federal Claims, or a Federal grand jury;
(B) a proceeding before the Congress; or
(C) a proceeding before a Federal Government agency which is
authorized by law;
(2) the term ''physical force'' means physical action against
another, and includes confinement;
(3) the term ''misleading conduct'' means --
(A) knowingly making a false statement;
(B) intentionally omitting information from a statement and thereby
causing a portion of such statement to be misleading, or intentionally
concealing a material fact, and thereby creating a false impression by
such statement;
(C) with intent to mislead, knowingly submitting or inviting reliance
on a writing or recording that is false, forged, altered, or otherwise
lacking in authenticity;
(D) with intent to mislead, knowingly submitting or inviting reliance
on a sample, specimen, map, photograph, boundary mark, or other object
that is misleading in a material respect; or
(E) knowingly using a trick, scheme, or device with intent to
mislead;
(4) the term ''law enforcement officer'' means an officer or employee
of the Federal Government, or a person authorized to act for or on
behalf of the Federal Government or serving the Federal Government as an
adviser or consultant --
(A) authorized under law to engage in or supervise the prevention,
detection, investigation, or prosecution of an offense; or
(B) serving as a probation or pretrial services officer under this
title;
(5) the term ''bodily injury'' means --
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or mental
faculty; or
(E) any other injury to the body, no matter how temporary; and
(6) the term ''corruptly persuades'' does not include conduct which
would be misleading conduct but for a lack of a state of mind.
(b) This chapter does not prohibit or punish the providing of lawful,
bona fide, legal representation services in connection with or
anticipation of an official proceeding.
(Added Pub. L. 97-291, 4(a), Oct. 12, 1982, 96 Stat. 1252; amended
Pub. L. 99-646, 50(b), Nov. 10, 1986, 100 Stat. 3605; Pub. L.
100-690, title VII, 7029(b), (d), Nov. 18, 1988, 102 Stat. 4398; Pub.
L. 102-572, title IX, 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
1992 -- Subsec. (a)(1)(A). Pub. L. 102-572 substituted ''United
States Court of Federal Claims'' for ''United States Claims Court''.
1988 -- Subsec. (a)(1)(A). Pub. L. 100-690, 7029(b), inserted ''a
judge of the United States Tax Court, a special trial judge of the Tax
Court, a judge of the United States Claims Court,'' after ''bankruptcy
judge,''.
Subsec. (a)(6). Pub. L. 100-690, 7029(d), added par. (6).
1986 -- Pub. L. 99-646 inserted ''; general provision'' in section
catchline, designated existing provisions as subsec. (a), and added
subsec. (b).
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101(a) of Pub. L. 102-572, set out as a note under section 905 of
Title 2, The Congress.
Section effective Oct. 12, 1982, see section 9(a) of Pub. L.
97-291, set out as a note under section 1512 of this title.
18 USC 1516. Obstruction of Federal audit
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, with intent to deceive or defraud the United States,
endeavors to influence, obstruct, or impede a Federal auditor in the
performance of official duties relating to a person receiving in excess
of $100,000, directly or indirectly, from the United States in any 1
year period under a contract or subcontract, shall be fined under this
title, or imprisoned not more than 5 years, or both.
(b) For purposes of this section the term ''Federal auditor'' means
any person employed on a full- or part-time or contractual basis to
perform an audit or a quality assurance inspection for or on behalf of
the United States.
(Added Pub. L. 100-690, title VII, 7078(a), Nov. 18, 1988, 102 Stat.
4406.)
18 USC 1517. Obstructing examination of financial institution
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever corruptly obstructs or attempts to obstruct any examination
of a financial institution by an agency of the United States with
jurisdiction to conduct an examination of such financial institution
shall be fined under this title, imprisoned not more than 5 years, or
both.
(Added Pub. L. 101-647, title XXV, 2503(a), Nov. 29, 1990, 104 Stat.
4861.)
18 USC CHAPTER 75 -- PASSPORTS AND VISAS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1541. Issuance without authority.
1542. False statement in application and use of passport.
1543. Forgery or false use of passport.
1544. Misuse of passport.
1545. Safe conduct violation.
1546. Fraud and misuse of visas, permits, and other documents.
1986 -- Pub. L. 99-603, title I, 103(b), Nov. 6, 1986, 100 Stat.
3380, amended item 1546 generally, striking out ''entry'' before
''documents''.
18 USC 1541. Issuance without authority
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, acting or claiming to act in any office or capacity under
the United States, or a State or possession, without lawful authority
grants, issues, or verifies any passport or other instrument in the
nature of a passport to or for any person whomsoever; or
Whoever, being a consular officer authorized to grant, issue, or
verify passports, knowingly and willfully grants, issues, or verifies
any such passport to or for any person not owing allegiance, to the
United States, whether a citizen or not --
Shall be fined not more than $500 or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 771.)
Based on section 219 of title 22, U.S.C., 1940 ed., Foreign Relations
and Intercourse (R.S. 4078; June 14, 1902, ch. 1088, 3, 32 Stat. 386).
The venue provision, which followed the punishment provisions, was
omitted as covered by section 3238 of this title.
Changes were made in phraseology.
Limitations, period of, see section 3291 of this title.
18 USC 1542. False statement in application and use of passport
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully and knowingly makes any false statement in an
application for passport with intent to induce or secure the issuance of
a passport under the authority of the United States, either for his own
use or the use of another, contrary to the laws regulating the issuance
of passports or the rules prescribed pursuant to such laws; or
Whoever willfully and knowingly uses or attempts to use, or furnishes
to another for use any passport the issue of which was secured in any
way by reason of any false statement --
Shall be fined not more than $2,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 771.)
Based on section 220 of title 22, U.S.C., 1940 ed., Foreign Relations
and Intercourse (June 15, 1917, ch. 30, title IX, 2, 40 Stat. 227;
Mar. 28, 1940, ch. 72, 7, 54 Stat. 80).
Mandatory-punishment provision was rephrased in the alternative.
Punishment of five years' imprisonment was substituted for ''ten
years'' to conform with other sections embracing offenses of comparable
gravity.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
False statements, generally, see section 1001 of this title.
Jurisdiction of offenses, see section 3241 of this title.
Letters, writings, etc., in violation of this section as nonmailable,
see section 1717 of this title.
Limitations, period of, see section 3291 of this title.
18 USC 1543. Forgery or false use of passport
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever falsely makes, forges, counterfeits, mutilates, or alters any
passport or instrument purporting to be a passport, with intent that the
same may be used; or
Whoever willfully and knowingly uses, or attempts to use, or
furnishes to another for use any such false, forged, counterfeited,
mutilated, or altered passport or instrument purporting to be a
passport, or any passport validly issued which has become void by the
occurrence of any condition therein prescribed invalidating the same --
Shall be fined not more than $2,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 771.)
Based on section 222 of title 22, U.S.C., 1940 ed., Foreign Relations
and Intercourse (June 15, 1917, ch. 30, title IX, 4, 40 Stat. 227;
Mar. 28, 1940, ch. 72, 7, 54 Stat. 80).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Mandatory-punishment provision with authorization for added fine in
discretion of court was rephrased in the alternative.
Punishment of five years' imprisonment was substituted for ''ten
years'' to conform with other sections embracing offenses of comparable
gravity.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Jurisdiction of offenses, see section 3241 of this title.
Letters, writings, etc., in violation of this section as nonmailable,
see section 1717 of this title.
Limitations, period of, see section 3291 of this title.
18 USC 1544. Misuse of passport
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully and knowingly uses, or attempts to use, any
passport issued or designed for the use of another; or
Whoever willfully and knowingly uses or attempts to use any passport
in violation of the conditions or restrictions therein contained, or of
the rules prescribed pursuant to the laws regulating the issuance of
passports; or
Whoever willfully and knowingly furnishes, disposes of, or delivers a
passport to any person, for use by another than the person for whose use
it was originally issued and designed --
Shall be fined not more than $2,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 771.)
Based on section 221 of title 22, U.S.C., 1940 ed., Foreign Relations
and Intercourse (June 15, 1917, ch. 30, title IX, 3, 40 Stat. 227;
Mar. 28, 1940, ch. 72, 7, 54 Stat. 80).
Mandatory-punishment provision rephrased in the alternative.
Punishment of five years' imprisonment was substituted for ''ten
years'' to conform with other sections embracing offenses of comparable
gravity.
The phrase ''which said rules shall be printed on the passport'' was
omitted as inconsistent with administrative practice and because the
existing rules are too voluminous to be printed on a passport.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Jurisdiction of offenses, see section 3241 of this title.
Letters, writings, etc., in violation of this section as nonmailable,
see section 1717 of this title.
Limitations, period of, see section 3291 of this title.
18 USC 1545. Safe conduct violation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever violates any safe conduct or passport duly obtained and
issued under authority of the United States shall be fined not more than
$2,000 or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 771.)
Based on section 251 of title 22, U.S.C., 1940 ed., Foreign Relations
and Intercourse (R.S. 4062).
The punishment provision was rewritten to permit the alternative of a
fine of not more than $2,000 or imprisonment, or both, instead of
imprisonment and fine ''at the discretion of the court'', to conform
with other sections embracing offenses of comparable gravity.
Minor changes were made in phraseology.
18 USC 1546. Fraud and misuse of visas, permits, and other documents
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly forges, counterfeits, alters, or falsely makes
any immigrant or nonimmigrant visa, permit, border crossing card, alien
registration receipt card, or other document prescribed by statute or
regulation for entry into or as evidence of authorized stay or
employment in the United States, or utters, uses, attempts to use,
possesses, obtains, accepts, or receives any such visa, permit, border
crossing card, alien registration receipt card, or other document
prescribed by statute or regulation for entry into or as evidence of
authorized stay or employment in the United States, knowing it to be
forged, counterfeited, altered, or falsely made, or to have been
procured by means of any false claim or statement, or to have been
otherwise procured by fraud or unlawfully obtained; or
Whoever, except under direction of the Attorney General or the
Commissioner of the Immigration and Naturalization Service, or other
proper officer, knowingly possesses any blank permit, or engraves,
sells, brings into the United States, or has in his control or
possession any plate in the likeness of a plate designed for the
printing of permits, or makes any print, photograph, or impression in
the likeness of any immigrant or nonimmigrant visa, permit or other
document required for entry into the United States, or has in his
possession a distinctive paper which has been adopted by the Attorney
General or the Commissioner of the Immigration and Naturalization
Service for the printing of such visas, permits, or documents; or
Whoever, when applying for an immigrant or nonimmigrant visa, permit,
or other document required for entry into the United States, or for
admission to the United States personates another, or falsely appears in
the name of a deceased individual, or evades or attempts to evade the
immigration laws by appearing under an assumed or fictitious name
without disclosing his true identity, or sells or otherwise disposes of,
or offers to sell or otherwise dispose of, or utters, such visa, permit,
or other document, to any person not authorized by law to receive such
document; or
Whoever knowingly makes under oath, or as permitted under penalty of
perjury under section 1746 of title 28, United States Code, knowingly
subscribes as true, any false statement with respect to a material fact
in any application, affidavit, or other document required by the
immigration laws or regulations prescribed thereunder, or knowingly
presents any such application, affidavit, or other document containing
any such false statement --
Shall be fined under this title or imprisoned not more than five
years, or both.
(b) Whoever uses --
(1) an identification document, knowing (or having reason to know)
that the document was not issued lawfully for the use of the possessor,
(2) an identification document knowing (or having reason to know)
that the document is false, or
(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the
Immigration and Nationality Act, shall be fined in accordance with this
title, or imprisoned not more than two years, or both.
(c) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law enforcement
agency of the United States, a State, or a subdivision of a State, or of
an intelligence agency of the United States, or any activity authorized
under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note
prec. 3481). /1/
(June 25, 1948, ch. 645, 62 Stat. 771; June 27, 1952, ch. 477, title
IV, 402(a), 66 Stat. 275; Oct. 18, 1976, Pub. L. 94-550, 5, 90 Stat.
2535; Nov. 6, 1986, Pub. L. 99-603, title I, 103(a), 100 Stat. 3380;
Oct. 24, 1988, Pub. L. 100-525, 2(c), 102 Stat. 2610; Nov. 29, 1990,
Pub. L. 101-647, title XXXV, 3550, 104 Stat. 4926.)
Based on section 220 of title 8, U.S.C., 1940 ed., Aliens and
Nationality (May 26, 1924, ch. 190, 22, 43 Stat. 165).
Words ''upon conviction thereof'' were omitted as surplusage since
punishment can be imposed only after a conviction.
Fine of $10,000 was reduced to $2,000 to conform with sections
embracing offences of comparable gravity.
Minor changes were made in phraseology.
The immigration laws, referred to in subsec. (a), are classified
generally to chapter 12 ( 1101 et seq.) of Title 8, Aliens and
Nationality. See also section 1101(a)(17) of Title 8.
Section 274A(b) of the Immigration and Nationality Act, referred to
in subsec. (b), is classified to section 1324a(b) of Title 8.
Title V of the Organized Crime Control Act of 1970, referred to in
subsec. (c), is title V of Pub. L. 91-452, Oct. 15, 1970, 84 Stat.
933, which was set out as a note preceding section 3481 of this title,
and was repealed by Pub. L. 98-473, title II, 1209(b), Oct. 12, 1984,
98 Stat. 2163. See section 3521 et seq. of this title.
1990 -- Subsec. (a). Pub. L. 101-647, which directed substitution of
''Shall be fined under this title'' for ''Shall be fined not more than
in accordance with this title'', was executed by making the substitution
for ''Shall be fined in accordance with this title'' in concluding par.
to reflect the probable intent of Congress and the intervening amendment
by Pub. L. 99-603, as amended by Pub. L. 100-525. See 1988 and 1986
Amendment notes below.
1988 -- Pub. L. 100-525 amended Pub. L. 99-603. See 1986 Amendment
note below.
1986 -- Pub. L. 99-603, as amended by Pub. L. 100-525, substituted
''other documents'' for ''other entry documents'' in section catchline,
designated existing provisions as subsec. (a), substituted ''permit,
border crossing card, alien registration receipt card, or other document
prescribed by statute or regulation for entry into or as evidence of
authorized stay or employment in the United States'' for ''or other
document required for entry into the United States'' and for ''or
document'' in first par., substituted ''in accordance with this title''
for ''not more than $2,000'' in concluding par., and added subsecs. (b)
and (c).
1976 -- Pub. L. 94-550 inserted '', or as permitted under penalty of
perjury under section 1746 of title 28, United States Code, knowingly
subscribes as true,'' after ''Whoever knowingly makes under oath'' in
fourth par.
1952 -- Act June 27, 1952, made section applicable to entry documents
other than visas and permits.
Amendment by Pub. L. 100-525 effective as if included in enactment
of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see
section 2(s) of Pub. L. 100-525, set out as a note under section 1101
of Title 8, Aliens and Nationality.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
the inspection at regular inspection locations at ports of entry of
persons, and documents of persons, entering or leaving the United
States, were to have been transferred to Secretary of the Treasury by
1973 Reorg. Plan No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87
Stat. 1091, set out in the Appendix to Title 5, Government Organization
and Employees. The transfer was negated by section 1(a)(1), (b) of Pub.
L. 93-253, Mar. 16, 1974, 88 Stat. 50, which repealed section 2 of
1973 Reorg. Plan No. 2, eff. July 1, 1973.
Applicability of section to Canal Zone, see section 14 of this title.
Immigration visas and permits, see section 1201 et seq. of Title 8,
Aliens and Nationality.
/1/ See References in Text note below.
18 USC CHAPTER 77 -- PEONAGE AND SLAVERY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1581. Peonage; obstructing enforcement.
1582. Vessels for slave trade.
1583. Enticement into slavery.
1584. Sale into involuntary servitude.
1585. Seizure, detention, transportation or sale of slaves.
1586. Service on vessels in slave trade.
1587. Possession of slaves aboard vessel.
1588. Transportation of slaves from United States.
It was felt that further revision of this chapter should be
considered at an opportune time for the same reasons stated with respect
to chapter 81, ''Piracy and Privateering''.
1949 -- Act May 24, 1949, ch. 139, 36, 63 Stat. 95, substituted a
semicolon for comma after ''Peonage'' in item 1581.
Wire or oral communications, authorization for interception, to
provide evidence of kidnaping, see section 2516 of this title.
18 USC 1581. Peonage; obstructing enforcement
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever holds or returns any person to a condition of peonage, or
arrests any person with the intent of placing him in or returning him to
a condition of peonage, shall be fined not more than $5,000 or
imprisoned not more than five years, or both.
(b) Whoever obstructs, or attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
liable to the penalties prescribed in subsection (a).
(June 25, 1948, ch. 645, 62 Stat. 772.)
Based on title 18, U.S.C., 1940 ed., 444, 445 (Mar. 4, 1909, ch.
321, 269, 270, 35 Stat. 1142).
Section consolidates sections 444 and 445 of said title 18, U.S.C.,
1940 ed., with changes in phraseology to amplify and clarify their
provisions.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Peonage abolished in States and Territories, see section 1994 of
Title 42, The Public Health and Welfare.
Slavery abolished, see Const. Amend. 13.
18 USC 1582. Vessels for slave trade
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, whether as master, factor, or owner, builds, fits out,
equips, loads, or otherwise prepares or sends away any vessel, in any
port or place within the United States, or causes such vessel to sail
from any such port or place, for the purpose of procuring any person
from any foreign kingdom or country to be transported and held, sold, or
otherwise disposed of as a slave, or held to service or labor, shall be
fined not more than $5,000 or imprisoned not more than seven years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 772.)
Based on title 18, U.S.C., 1940 ed., 424 (Mar. 4, 1909, ch. 321,
249, 35 Stat. 1139).
Words ''within the United States'' were substituted for ''within the
jurisdiction of the United States''. See section 5 of this title
defining ''United States''.
Provision for division of the fine and its recovery by private person
was omitted. (See reviser's note under section 1585 of this title.)
Mandatory-punishment provisions were rephrased in the alternative.
Minor changes were made in phraseology.
Limitation on prosecution of slave trade violations, see section 3283
of this title.
Slavery abolished, see Const. Amend. 13.
18 USC 1583. Enticement into slavery
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever kidnaps or carries away any other person, with the intent
that such other person be sold into involuntary servitude, or held as a
slave; or
Whoever entices, persuades, or induces any other person to go on
board any vessel or to any other place with the intent that he may be
made or held as a slave, or sent out of the country to be so made or
held --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 772.)
Based on title 18, U.S.C., 1940 ed., 443 (Mar. 4, 1909, ch. 321,
268, 35 Stat. 1141).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor changes were made in paragraphing of section.
Slavery abolished, see Const. Amend. 13.
Wire or oral communications, authorization for interception, to
provide evidence of kidnapping, see section 2516 of this title.
18 USC 1584. Sale into involuntary servitude
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly and willfully holds to involuntary servitude or
sells into any condition of involuntary servitude, any other person for
any term, or brings within the United States any person so held, shall
be fined not more than $5,000 or imprisoned not more than five years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 773.)
Based on title 18, U.S.C., 1940 ed., 423, 446 (Mar. 4, 1909, ch.
321, 248, 271, 35 Stat. 1139, 1142).
Sections consolidated with changes of phraseology necessary to effect
consolidation.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Provisions as to holding of kidnapped persons were omitted as
superseded by section 1201 of this title and original text relating to
sale or holding to involuntary servitude retained.
Words ''within the United States'' were substituted for ''within the
jurisdiction of the United States''. (See section 5 of this title
defining ''United States''.)
The punishment provisions were derived from section 446 of title 18,
U.S.C., 1940 ed., as more consistent with other sections of this
chapter.
The requirement of section 423 of title 18, U.S.C., 1940 ed., for
payment of one-half the fine ''for the use of the person prosecuting the
indictment to effect'' was omitted as meaningless. (See also reviser's
note under section 1585 of this title.)
Mandatory-punishment provisions were rephrased in the alternative.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Slavery abolished, see Const. Amend. 13.
18 USC 1585. Seizure, detention, transportation or sale of slaves
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a citizen or resident of the United States and a
member of the crew or ship's company of any foreign vessel engaged in
the slave trade, or whoever, being of the crew or ship's company of any
vessel owned in whole or in part, or navigated for, or in behalf of, any
citizen of the United States, lands from such vessel, and on any foreign
shore seizes any person with intent to make that person a slave, or
decoys, or forcibly brings, carries, receives, confines, detains or
transports any person as a slave on board such vessel, or, on board such
vessel, offers or attempts to sell any such person as a slave, or on the
high seas or anywhere on tide water, transfers or delivers to any other
vessel any such person with intent to make such person a slave, or lands
or delivers on shore from such vessel any person with intent to sell, or
having previously sold, such person as a slave, shall be fined not more
than $5,000 or imprisoned not more than seven years, or both.
(June 25, 1948, ch. 645, 62 Stat. 773.)
Based on title 18, U.S.C., 1940 ed., 421, 422, 425 (Mar. 4, 1909,
ch. 321, 246, 247, 250, 35 Stat. 1138, 1139).
Section consolidates and restores three basic sections (act May 25,
1820, ch. 113, 4, 5, 3 Stat. 600, 601; act Apr. 20, 1818, ch. 91,
4, 3 Stat. 451). As reenacted in the Revised Statutes, such sections
were extended and broadened beyond such basic acts. The language at the
beginning, ''being a citizen or resident of the United States'', was
inserted from said section 425 of title 18, U.S.C., 1940 ed., as enacted
originally. While the basic provisions of said sections 421 and 422 are
thus broadened, their application as enacted in the 1909 Criminal Code
is narrowed.
Designation in said section 421 of title 18, U.S.C., 1940 ed., of
offender as a ''pirate'' was omitted as unnecessary. The punishment
provision of section 1582 of this title (incorporated by reference in
said section 425) has been adopted as consistent with other slave-trade
statutes rather than the life-imprisonment penalty contained in said
sections 421 and 422 of title 18, U.S.C., 1940 ed. However, the
requirement in section 1582 of this title that one-half the fine be for
the ''use of the person prosecuting the indictment to effect'' was
omitted as meaningless.
Mandatory-punishment provisions were rephrased in the alternative.
Slavery abolished, see Const. Amend. 13.
18 USC 1586. Service on vessels in slave trade
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a citizen or resident of the United States,
voluntarily serves on board of any vessel employed or made use of in the
transportation of slaves from any foreign country or place to another,
shall be fined not more than $2,000 or imprisoned not more than two
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 773.)
Based on title 18, U.S.C., 1940 ed., 427 (Mar. 4, 1909, ch. 321,
252, 35 Stat. 1139).
Mandatory-punishment provisions were rephrased in the alternative.
Slavery abolished, see Const. Amend. 13.
18 USC 1587. Possession of slaves aboard vessel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being the captain, master, or commander of any vessel found
in any river, port, bay, harbor, or on the high seas within the
jurisdiction of the United States, or hovering off the coast thereof,
and having on board any person for the purpose of selling such person as
a slave, or with intent to land such person for such purpose, shall be
fined not more than $10,000 or imprisoned not more than four years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 773.)
Based on title 18, U.S.C., 1940 ed., 426 (Mar. 4, 1909, ch. 321,
251, 35 Stat. 1139).
Mandatory-punishment provisions were rephrased in the alternative.
Minor change was made in phraseology.
Slavery abolished, see Const. Amend. 13.
18 USC 1588. Transportation of slaves from United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being the master or owner or person having charge of any
vessel, receives on board any other person with the knowledge or intent
that such person is to be carried from any place within the United
States to any other place to be held or sold as a slave, or carries away
from any place within the United States any such person with the intent
that he may be so held or sold as a slave, shall be fined not more than
$5,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 773.)
Based on title 18, U.S.C., 1940 ed., 428 (Mar. 4, 1909, ch. 321,
253, 35 Stat. 1139).
Words ''subject to the jurisdiction of'' which appeared twice in this
section were omitted and ''within'' substituted, in view of section 5 of
this title defining ''United States''.
Slavery abolished, see Const. Amend. 13.
18 USC CHAPTER 79 -- PERJURY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1621. Perjury generally.
1622. Subornation of perjury.
1623. False declarations before grand jury or court.
1970 -- Pub. L. 91-452, title IV, 401(b), Oct. 15, 1970, 84 Stat.
933, added item 1623.
18 USC 1621. Perjury generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever --
(1) having taken an oath before a competent tribunal, officer, or
person, in any case in which a law of the United States authorizes an
oath to be administered, that he will testify, declare, depose, or
certify truly, or that any written testimony, declaration, deposition,
or certificate by him subscribed, is true, willfully and contrary to
such oath states or subscribes any material matter which he does not
believe to be true; or
(2) in any declaration, certificate, verification, or statement under
penalty of perjury as permitted under section 1746 of title 28, United
States Code, willfully subscribes as true any material matter which he
does not believe to be true;
is guilty of perjury and shall, except as otherwise expressly
provided by law, be fined not more than $2,000 or imprisoned not more
than five years, or both. This section is applicable whether the
statement or subscription is made within or without the United States.
(June 25, 1948, ch. 645, 62 Stat. 773; Oct. 3, 1964, Pub. L.
88-619, 1, 78 Stat. 995; Oct. 18, 1976, Pub. L. 94-550, 2, 90 Stat.
2534.)
Based on title 18, U.S.C., 1940 ed., 231, 629 (Mar. 4, 1909, ch.
321, 125, 35 Stat. 1111; June 15, 1917, ch. 30, title XI, 19, 40
Stat. 230).
Words ''except as otherwise expressly provided by law'' were inserted
to avoid conflict with perjury provisions in other titles where the
punishment and application vary.
More than 25 additional provisions are in the code. For construction
and application of several such sections, see Behrle v. United States
(App. D.C. 1938, 100 F. 2d 714), United States v. Hammer (D.C.N.Y.,
1924, 299 F. 1011, affirmed, 6 F. 2d 786), Rosenthal v. United States
(1918, 248 F. 684, 160 C.C.A. 584), cf. Epstein v. United States
(1912, 196 F. 354, 116 C.C.A. 174, certiorari denied 32 S. Ct. 527, 223
U.S. 731, 56 L. ed. 634).
Mandatory punishment provisions were rephrased in the alternative.
Minor verbal changes were made.
1976 -- Pub. L. 94-550 divided existing provisions into a single
introductory word ''Whoever'', par. (1), and closing provisions
following par. (2), and added par. (2).
1964 -- Pub. L. 88-619 inserted at end ''This section is applicable
whether the statement or subscription is made within or without the
United States.''
Applicability of section to Canal Zone, see section 14 of this title.
Census employees; false statements as perjury; punishment, see
section 213 of Title 13, Census.
False tax return, statements or document as perjury, see section 7206
of Title 26, Internal Revenue Code.
Federal retirement benefits, forfeiture upon conviction of offenses
described under this section committed in connection with certain
national security offenses, see section 8312 of Title 5, Government
Organization and Employees.
Government employees; disability compensation; false statements as
perjury; punishment, see section 1920 of this title.
Jurisdiction of offenses, see section 3241 of this title.
title 50 App. sections 19, 2255.
18 USC 1622. Subornation of perjury
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever procures another to commit any perjury is guilty of
subornation of perjury, and shall be fined not more than $2,000 or
imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 774.)
Based on title 18, U.S.C., 1940 ed., 232 (Mar. 4, 1909, ch. 321,
126, 35 Stat. 1111).
The punishment prescribed in section 1621 of this title was
substituted for the reference thereto.
Minor change was made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
described under this section committed in connection with certain
national security offenses, see section 8312 of Title 5, Government
Organization and Employees.
18 USC 1623. False declarations before grand jury or court
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever under oath (or in any declaration, certificate,
verification, or statement under penalty of perjury as permitted under
section 1746 of title 28, United States Code) in any proceeding before
or ancillary to any court or grand jury of the United States knowingly
makes any false material declaration or makes or uses any other
information, including any book, paper, document, record, recording, or
other material, knowing the same to contain any false material
declaration, shall be fined not more than $10,000 or imprisoned not more
than five years, or both.
(b) This section is applicable whether the conduct occurred within or
without the United States.
(c) An indictment or information for violation of this section
alleging that, in any proceedings before or ancillary to any court or
grand jury of the United States, the defendant under oath has knowingly
made two or more declarations, which are inconsistent to the degree that
one of them is necessarily false, need not specify which declaration is
false if --
(1) each declaration was material to the point in question, and
(2) each declaration was made within the period of the statute of
limitations for the offense charged under this section.
In any prosecution under this section, the falsity of a declaration
set forth in the indictment or information shall be established
sufficient for conviction by proof that the defendant while under oath
made irreconcilably contradictory declarations material to the point in
question in any proceeding before or ancillary to any court or grand
jury. It shall be a defense to an indictment or information made
pursuant to the first sentence of this subsection that the defendant at
the time he made each declaration believed the declaration was true.
(d) Where, in the same continuous court or grand jury proceeding in
which a declaration is made, the person making the declaration admits
such declaration to be false, such admission shall bar prosecution under
this section if, at the time the admission is made, the declaration has
not substantially affected the proceeding, or it has not become manifest
that such falsity has been or will be exposed.
(e) Proof beyond a reasonable doubt under this section is sufficient
for conviction. It shall not be necessary that such proof be made by
any particular number of witnesses or by documentary or other type of
evidence.
(Added Pub. L. 91-452, title IV, 401(a), Oct. 15, 1970, 84 Stat.
932; amended Pub. L. 94-550, 6, Oct. 18, 1976, 90 Stat. 2535.)
1976 -- Subsec. (a). Pub. L. 94-550 inserted ''(or in any
declaration, certificate, verification, or statement under penalty of
perjury as permitted under section 1746 of title 28, United States
Code)'' after ''under oath''.
18 USC CHAPTER 81 -- PIRACY AND PRIVATEERING
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1651. Piracy under law of nations.
1652. Citizens as pirates.
1653. Aliens as pirates.
1654. Arming or serving on privateers.
1655. Assault on commander as piracy.
1656. Conversion or surrender of vessel.
1657. Corruption of seamen and confederating with pirates.
1658. Plunder of distressed vessel.
1659. Attack to plunder vessel.
1660. Receipt of pirate property.
1661. Robbery ashore.
In the light of far-reaching developments in the field of
international law and foreign relations, the law of piracy is deemed to
require a fundamental reconsideration and complete restatement, perhaps
resulting in drastic changes by way of modification and expansion. Such
a task may be regarded as beyond the scope of this project. The present
revision is, therefore, confined to the making of some obvious and
patent corrections. It is recommended, however, that at some opportune
time in the near future, the subject of piracy be entirely reconsidered
and the law bearing on it modified and restated in accordance with the
needs of the times.
18 USC 1651. Piracy under law of nations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, on the high seas, commits the crime of piracy as defined by
the law of nations, and is afterwards brought into or found in the
United States, shall be imprisoned for life.
(June 25, 1948, ch. 645, 62 Stat. 774.)
Based on title 18, U.S.C., 1940 ed., 481 (Mar. 4, 1909, ch. 321,
290, 35 Stat. 1145).
High seas included within special maritime and territorial
jurisdiction of United States, see section 7 of this title.
Regulations for the suppression of piracy, see sections 381 to 387 of
Title 33, Navigation and Navigable Waters.
Venue of offenses committed on high seas, see section 3238 of this
title.
18 USC 1652. Citizens as pirates
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a citizen of the United States, commits any murder or
robbery, or any act of hostility against the United States, or against
any citizen thereof, on the high seas, under color of any commission
from any foreign prince, or state, or on pretense of authority from any
person, is a pirate, and shall be imprisoned for life.
(June 25, 1948, ch. 645, 62 Stat. 774.)
Based on title 18, U.S.C., 1940 ed., 495 (Mar. 4, 1909, ch. 321,
304, 35 Stat. 1147).
Words ''Notwithstanding the pretense of such authority,'' were
omitted as surplusage.
Wire or oral communications, authorization for interception, to
provide evidence of murder or robbery, see section 2516 of this title.
18 USC 1653. Aliens as pirates
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a citizen or subject of any foreign state, is found
and taken on the sea making war upon the United States, or cruising
against the vessels and property thereof, or of the citizens of the
same, contrary to the provisions of any treaty existing between the
United States and the state of which the offender is a citizen or
subject, when by such treaty such acts are declared to be piracy, is a
pirate, and shall be imprisoned for life.
(June 25, 1948, ch. 645, 62 Stat. 774.)
Based on title 18, U.S.C., 1940 ed., 496 (Mar. 4, 1909, ch. 321,
305, 35 Stat. 1147.)
Minor change was made in phraseology.
18 USC 1654. Arming or serving on privateers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a citizen of the United States, without the limits
thereof, fits out and arms, or attempts to fit out and arm or is
concerned in furnishing, fitting out, or arming any private vessel of
war or privateer, with intent that such vessel shall be employed to
cruise or commit hostilities upon the citizens of the United States or
their property; or
Whoever takes the command of or enters on board of any such vessel
with such intent; or
Whoever purchases any interest in any such vessel with a view to
share in the profits thereof --
Shall be fined not more than $10,000 or imprisoned not more than ten
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 774.)
Based on title 18, U.S.C., 1940 ed., 494 (Mar. 4, 1909, ch. 321,
303, 35 Stat. 1147).
Reference to persons procuring or aiding was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Mandatory punishment provisions were rephrased in the alternative.
The last sentence relating to venue was omitted as unnecessary in
view of the general provision to the same effect in section 3238 of this
title.
Minor changes were made in phraseology and arrangement.
18 USC 1655. Assault on commander as piracy
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a seaman, lays violent hands upon his commander, to
hinder and prevent his fighting in defense of his vessel or the goods
intrusted to him, is a pirate, and shall be imprisoned for life.
(June 25, 1948, ch. 645, 62 Stat. 774.)
Based on title 18, U.S.C., 1940 ed., 485 (Mar. 4, 1909, ch. 321,
294, 35 Stat. 1146).
A minor verbal change was made.
18 USC 1656. Conversion or surrender of vessel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a captain or other officer or mariner of a vessel upon
the high seas or on any other waters within the admiralty and maritime
jurisdiction of the United States, piratically or feloniously runs away
with such vessel, or with any goods or merchandise thereof, to the value
of $50 or over; or
Whoever yields up such vessel voluntarily to any pirate --
Shall be fined not more than $10,000 or imprisoned not more than ten
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 774.)
Based on title 18, U.S.C., 1940 ed., 497 (Mar. 4, 1909, ch. 321,
306, 35 Stat. 1148).
Minor changes were made in phraseology.
18 USC 1657. Corruption of seamen and confederating with pirates
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever attempts to corrupt any commander, master, officer, or
mariner to yield up or to run away with any vessel, or any goods, wares,
or merchandise, or to turn pirate or to go over to or confederate with
pirates, or in any wise to trade with any pirate, knowing him to be
such; or
Whoever furnishes such pirate with any ammunition, stores, or
provisions of any kind; or
Whoever fits out any vessel knowingly and, with a design to trade
with, supply, or correspond with any pirate or robber upon the seas; or
Whoever consults, combines, confederates, or corresponds with any
pirate or robber upon the seas, knowing him to be guilty of any piracy
or robbery; or
Whoever, being a seaman, confines the master of any vessel --
Shall be fined not more than $1,000 or imprisoned not more than three
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 775; Nov. 29, 1990, Pub. L.
101-647, title XXV, 2527(b), 104 Stat. 4877.)
Based on title 18, U.S.C., 1940 ed., 498 (Mar. 4, 1909, ch. 321,
307, 35 Stat. 1148).
Mandatory punishment provisions were rephrased in the alternative.
Minor changes were made in phraseology.
1990 -- Pub. L. 101-647, which directed insertion of ''section 11,
12, or 13 of the Federal Deposit Insurance Act'' after ''consideration
of any action brought under'', could not be executed because the words
''consideration of any action brought under'' did not appear.
18 USC 1658. Plunder of distressed vessel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever plunders, steals, or destroys any money, goods,
merchandise, or other effects from or belonging to any vessel in
distress, or wrecked, lost, stranded, or cast away, upon the sea, or
upon any reef, shoal, bank, or rocks of the sea, or in any other place
within the admiralty and maritime jurisdiction of the United States,
shall be fined not more than $5,000 or imprisoned not more than ten
years, or both.
(b) Whoever willfully obstructs the escape of any person endeavoring
to save his life from such vessel, or the wreck thereof; or
Whoever holds out or shows any false light, or extinguishes any true
light, with intent to bring any vessel sailing upon the sea into danger
or distress or shipwreck --
Shall be imprisoned not less than ten years and may be imprisoned for
life.
(June 25, 1948, ch. 645, 62 Stat. 775.)
Based on title 18, U.S.C., 1940 ed., 488 (Mar. 4, 1909, ch. 321,
297, 35 Stat. 1146).
Mandatory punishment provision in subsection (a) was rephrased in the
alternative.
Minor changes were made in phraseology.
18 USC 1659. Attack to plunder vessel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, upon the high seas or other waters within the admiralty and
maritime jurisdiction of the United States, by surprise or open force,
maliciously attacks or sets upon any vessel belonging to another, with
an intent unlawfully to plunder the same, or to despoil any owner
thereof of any moneys, goods, or merchandise laden on board thereof,
shall be fined not more than $5,000 or imprisoned not more than ten
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 775.)
Based on title 18, U.S.C., 1940 ed., 489 (Mar. 4, 1909, ch. 321,
298, 35 Stat. 1147).
Mandatory punishment provisions were rephrased in the alternative.
Conspiracy to destroy vessels, see section 2271 of this title.
18 USC 1660. Receipt of pirate property
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, without lawful authority, receives or takes into custody any
vessel, goods, or other property, feloniously taken by any robber or
pirate against the laws of the United States, knowing the same to have
been feloniously taken, shall be imprisoned not more than ten years.
(June 25, 1948, ch. 645, 62 Stat. 775.)
Based on title 18, U.S.C., 1940 ed., 552 (Mar. 4, 1909, ch. 321,
334, 35 Stat. 1152).
Provision relating to concealment of pirate and words ''is an
accessory after the fact to such robbery or piracy'' were omitted in
view of definitive section 3 of this title.
18 USC 1661. Robbery ashore
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being engaged in any piratical cruise or enterprise, or
being of the crew of any piratical vessel, lands from such vessel and
commits robbery on shore, is a pirate, and shall be imprisoned for life.
(June 25, 1948, ch. 645, 62 Stat. 775.)
Based on title 18, U.S.C., 1940 ed., 493 (Mar. 4, 1909, ch. 321,
302, 35 Stat. 1147).
Transposition of several words was made.
Wire or oral communications, authorization for interception, to
provide evidence of robbery, see section 2516 of this title.
18 USC CHAPTER 83 -- POSTAL SERVICE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1691. Laws governing postal savings.
1692. Foreign mail as United States mail.
1693. Carriage of mail generally.
1694. Carriage of matter out of mail over post routes.
1695. Carriage of matter out of mail on vessels.
1696. Private express for letters and packets.
1697. Transportation of persons acting as private express.
1698. Prompt delivery of mail from vessel.
1699. Certification of delivery from vessel.
1700. Desertion of mails.
1701. Obstruction of mails generally.
1702. Obstruction of correspondence.
1703. Delay or destruction of mail or newspapers.
1704. Keys or locks stolen or reproduced.
1705. Destruction of letter boxes or mail.
1706. Injury to mail bags.
1707. Theft of property used by Postal Service.
1708. Theft or receipt of stolen mail matter generally.
1709. Theft of mail matter by officer or employee.
1710. Theft of newspapers.
1711. Misappropriation of postal funds.
1712. Falsification of postal returns to increase compensation.
1713. Issuance of money orders without payment.
(1714. Repealed.)
1715. Firearms as nonmailable; regulations.
1716. Injurious articles as nonmailable.
1716A. Nonmailable locksmithing devices and motor vehicle master
keys.
1716B. Nonmailable plants.
1716C. Forged agricultural certifications.
1717. Letters and writings as nonmailable.
(1718. Repealed.)
1719. Franking privilege.
1720. Cancelled stamps and envelopes.
1721. Sale or pledge of stamps.
1722. False evidence to secure second-class rate.
1723. Avoidance of postage by using lower class matter.
1724. Postage on mail delivered by foreign vessels.
1725. Postage unpaid on deposited mail matter.
1726. Postage collected unlawfully.
(1727. Repealed.)
1728. Weight of mail increased fraudulently.
1729. Post office conducted without authority.
1730. Uniforms of carriers.
1731. Vehicles falsely labeled as carriers.
1732. Approval of bond or sureties by postmaster.
1733. Mailing periodical publications without prepayment of postage.
1734. Editorials and other matter as ''advertisements''.
1735. Sexually oriented advertisements.
1736. Restrictive use of information.
1737. Manufacturer of sexually related mail matter.
1738. Mailing private identification documents without a disclaimer.
1990 -- Pub. L. 101-647, title XII, 1210(b), (c), title XXXV,
3552(b), Nov. 29, 1990, 104 Stat. 4832, 4926, struck out item 1714
''Foreign divorce information as nonmailable'', struck out ''; opening
letters'' after ''nonmailable'' in item 1717, and struck out item 1718
''Libelous matter on wrappers or envelopes''.
1988 -- Pub. L. 100-690, title VII, 7090(d), Nov. 18, 1988, 102
Stat. 4410, inserted ''locksmithing devices and'' before ''motor'' in
item 1716A.
Pub. L. 100-574, 1(b)(2), 2(b), Oct. 31, 1988, 102 Stat. 2893,
added items 1716B and 1716C.
1982 -- Pub. L. 97-398, 4(b), Dec. 31, 1982, 96 Stat. 2011, added
item 1738.
1970 -- Pub. L. 91-375, 6(j)(19)(B), (36)(B), (37)(B), Aug. 12,
1970, 84 Stat. 778, 780, 781, substituted ''officer'' for
''postmaster'' in item 1709 and ''Mailing periodical publications
without prepayment of postage'' for ''Affidavits relating to second
class mail'' in item 1733, and added items 1735 to 1737.
1968 -- Pub. L. 90-560, 2(2), Oct. 12, 1968, 82 Stat. 997, added
item 1716A.
Pub. L. 90-384, 1(b), July 5, 1968, 82 Stat. 292, struck out item
1727 ''Postage accounting''.
1960 -- Pub. L. 86-682, 8, Sept. 2, 1960, 74 Stat. 706, added
items 1733 and 1734.
Assault or interference with postal clerk, see section 2116 of this
title.
Breaking and entering into post office, see section 2115 of this
title.
Definition of postal service, see section 12 of this title.
False --
Claims for postal losses, see section 288 of this title.
Statements in matters within jurisdiction of Federal agency, see
section 1001 of this title.
Forcible entry into railway or steamboat post office, see section
2116 of this title.
Mail fraud, see sections 1341, 1342 of this title.
Money orders, counterfeiting, see section 500 of this title.
Postage stamps, domestic and foreign, counterfeiting, see sections
501 and 502 of this title.
Postal --
Employee having interest in mail contract, see section 440 of this
title.
Supply contracts, combinations to fix prices or to prevent bids, see
section 441 of this title.
Postmarking stamps, counterfeiting, see section 503 of this title.
Robbery of mail matter, see section 2114 of this title.
Venue of prosecution, see section 3237 of this title.
18 USC 1691. Laws governing postal savings
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
All the safeguards provided by law for the protection of public
moneys, and all statutes relating to the embezzlement, conversion,
improper handling, retention, use, or disposal of postal and money-order
funds, false returns of postal and money-order business, forgery,
counterfeiting, alteration, improper use or handling of postal and
money-order blanks, forms, vouchers, accounts, and records, and the
dies, plates, and engravings therefor, with the punishments provided for
such offenses are extended and made applicable to postal savings
depository business and funds and related matters.
(June 25, 1948, ch. 645, 62 Stat. 776.)
Based on section 765 of title 39, U.S.C., 1940 ed., The Postal
Service (June 25, 1910, ch. 386, 15, 36 Stat. 818).
Changes of phraseology were made without change of substance.
18 USC 1692. Foreign mail as United States mail
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Every foreign mail, while being transported across the territory of
the United States under authority of law, is mail of the United States,
and any depredation thereon, or offense in respect thereto, shall be
punishable as though it were United States mail.
(June 25, 1948, ch. 645, 62 Stat. 776.)
Based on title 18, U.S.C., 1940 ed., 359 (Mar. 4, 1909, ch. 321,
229, 35 Stat. 1134).
Minor changes were made in phraseology and obvious surplusage
omitted.
18 USC 1693. Carriage of mail generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being concerned in carrying the mail, collects, receives, or
carries any letter or packet, contrary to law, shall be fined not more
than $50 or imprisoned not more than thirty days, or both.
(June 25, 1948, ch. 645, 62 Stat. 776.)
Based on title 18, U.S.C., 1940 ed., 303 (Mar. 4, 1909, ch. 321,
180, 35 Stat. 1123).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor verbal changes were made.
18 USC 1694. Carriage of matter out of mail over post routes
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having charge or control of any conveyance operating by
land, air, or water, which regularly performs trips at stated periods on
any post route, or from one place to another between which the mail is
regularly carried, carries, otherwise than in the mail, any letters or
packets, except such as relate to some part of the cargo of such
conveyance, or to the current business of the carrier, or to some
article carried at the same time by the same conveyance, shall, except
as otherwise provided by law, be fined not more than $50.
(June 25, 1948, ch. 645, 62 Stat. 776.)
Based on title 18, U.S.C., 1940 ed., 307 (Mar. 4, 1909, ch. 321,
184, 35 Stat. 1124).
Words ''by land, air, or water'' were substituted for ''stagecoach,
railway car, steamboat'' with necessary minor changes in phraseology.
Enumeration of persons having charge was omitted as unnecessary.
and Congress
Congressional findings of need for study and reevaluation of
restrictions on private carriage of letters and packets contained in
this section and submission by United States Postal Service of reports
to President and Congress for modernization of law, regulations, and
administrative practices, see section 7 of Pub. L. 91-375, set out as a
note under section 601 of Title 39, Postal Service.
18 USC 1695. Carriage of matter out of mail on vessels
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever carries any letter or packet on board any vessel which
carries the mail, otherwise than in such mail, shall, except as
otherwise provided by law, be fined not more than $50 or imprisoned not
more than thirty days, or both.
(June 25, 1948, ch. 645, 62 Stat. 777.)
Based on title 18, U.S.C., 1940 ed., 308 (Mar. 4, 1909, ch. 321,
185, 35 Stat. 1124).
The words ''thirty days'' were substituted for ''one month,'' to make
the term of imprisonment more definite and to conform to other
comparable sections. (See section 1693 of this title.)
Minor changes were made in phraseology.
and Congress
Congressional findings of need for study and reevaluation of
restrictions on private carriage of letters and packets contained in
this section and submission by United States Postal Service of reports
to President and Congress for modernization of law, regulations, and
administrative practices, see section 7 of Pub. L. 91-375, set out as a
note under section 601 of Title 39, Postal Service.
18 USC 1696. Private express for letters and packets
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever establishes any private express for the conveyance of
letters or packets, or in any manner causes or provides for the
conveyance of the same by regular trips or at stated periods over any
post route which is or may be established by law, or from any city,
town, or place to any other city, town, or place, between which the mail
is regularly carried, shall be fined not more than $500 or imprisoned
not more than six months, or both.
This section shall not prohibit any person from receiving and
delivering to the nearest post office, postal car, or other authorized
depository for mail matter any mail matter properly stamped.
(b) Whoever transmits by private express or other unlawful means, or
delivers to any agent thereof, or deposits at any appointed place, for
the purpose of being so transmitted any letter or packet, shall be fined
not more than $50.
(c) This chapter shall not prohibit the conveyance or transmission of
letters or packets by private hands without compensation, or by special
messenger employed for the particular occasion only. Whenever more than
twenty-five such letters or packets are conveyed or transmitted by such
special messenger, the requirements of section 601 of title 39, shall be
observed as to each piece.
(June 25, 1948, ch. 645, 62 Stat. 777; Aug. 12, 1970, Pub. L.
91-375, 6(j)(14), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 304, 306, 309 (Mar. 4, 1909,
ch. 321, 181, 183, 186, 35 Stat. 1123, 1124; June 22, 1934, ch. 716,
48 Stat. 1207).
Section consolidates sections 304, 306, and 309 of title 18, U.S.C.,
1940 ed. Reference to persons causing, procuring, aiding or assisting
was omitted as such persons are principals under section 2 of this
title.
Minor changes were made in phraseology.
1970 -- Subsec. (c). Pub. L. 91-375 substituted ''section 601 of
title 39'' for ''section 500 of title 39''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
and Congress
Congressional findings of need for study and reevaluation of
restrictions on private carriage of letters and packets contained in
this section and submission by United States Postal Service of reports
to President and Congress for modernization of law, regulations, and
administrative practices, see section 7 of Pub. L. 91-375, set out as a
note under section 601 of Title 39, Postal Service.
18 USC 1697. Transportation of persons acting as private express
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having charge or control of any conveyance operating by
land, air, or water, knowingly conveys or knowingly permits the
conveyance of any person acting or employed as a private express for the
conveyance of letters or packets, and actually in possession of the same
for the purpose of conveying them contrary to law, shall be fined not
more than $150.
(June 25, 1948, ch. 645, 62 Stat. 777.)
Based on title 18, U.S.C., 1940 ed., 305 (Mar. 4, 1909, ch. 321,
182, 35 Stat. 1124).
Same changes were made as in section 1694 of this title.
18 USC 1698. Prompt delivery of mail from vessel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having charge or control of any vessel passing between ports
or places in the United States, and arriving at any such port or place
where there is a post office, fails to deliver to the postmaster or at
the post office, within three hours after his arrival, if in the
daytime, and if at night, within two hours after the next sunrise, all
letters and packages brought by him or within his power or control and
not relating to the cargo, addressed to or destined for such port or
place, shall be fined not more than $150.
For each letter or package so delivered he shall receive two cents
unless the same is carried under contract.
(June 25, 1948, ch. 645, 62 Stat. 777.)
Based on title 18, U.S.C., 1940 ed. 323 (Mar. 4, 1909, ch. 321,
200, 35 Stat. 1126).
Changes were made in phraseology.
18 USC 1699. Certification of delivery from vessel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No vessel arriving within a port or collection district of the United
States shall be allowed to make entry or break bulk until all letters on
board are delivered to the nearest post office, except where waybilled
for discharge at other ports in the United States at which the vessel is
scheduled to call and the Postal Service does not determine that
unreasonable delay in the mails will occur, and the master or other
person having charge or control thereof has signed and sworn to the
following declaration before the collector or other proper customs
officer:
I, A. B., master XXX, of the XXX, arriving from XXX, and now lying
in the port of XXX, do solemnly swear (or affirm) that I have to the
best of my knowledge and belief delivered to the post office at XXX
every letter and every bag, packet, or parcel of letters on board the
said vessel during her last voyage, or in my possession or under my
power or control, except where waybilled for discharge at other ports in
the United States at which the said vessel is scheduled to call and
which the Postal Service has not determined will be unreasonably delayed
by remaining on board the said vessel for delivery at such ports.
Whoever, being the master or other person having charge or control of
such vessel, breaks bulk before he has arranged for such delivery or
onward carriage, shall be fined not more than $100.
(June 25, 1948, ch. 645, 62 Stat. 777; July 3, 1952, ch. 553, 66
Stat. 325; Aug. 12, 1970, Pub. L. 91-375, 6(j)(15), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 327 (Mar. 4, 1909, ch. 321,
204, 35 Stat. 1127).
Minor changes were made in phraseology.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for
''Postmaster General'' in two places.
1952 -- Act July 3, 1952, provided for only the unloading of mail
from a vessel as can be expedited by discharge at such port.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Offices of collector of customs, comptroller of customs, surveyor of
customs, and appraiser of merchandise in Bureau of Customs of Department
of the Treasury to which appointments were required to be made by
President with advice and consent of Senate were ordered abolished, with
such offices to be terminated not later than Dec. 31, 1966, by Reorg.
Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317,
set out in the Appendix to Title 5, Government Organization and
Employees. Functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title
5.
Foreign letters carried out of the mails, see section 602 of Title
39, Postal Service.
18 USC 1700. Desertion of mails
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having taken charge of any mail, voluntarily quits or
deserts the same before he has delivered it into the post office at the
termination of the route, or to some known mail carrier, messenger,
agent, or other employee in the Postal Service authorized to receive the
same, shall be fined not more than $500 or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 322 (Mar. 4, 1909, ch. 321,
199, 35 Stat. 1126).
Minor changes were made in phraseology.
18 USC 1701. Obstruction of mails generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly and willfully obstructs or retards the passage of
the mail, or any carrier or conveyance carrying the mail, shall be fined
not more than $100 or imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 324, 325 (Mar. 4, 1909, ch.
321, 201, 202, 35 Stat. 1127).
Sections 324 and 325 of title 18, U.S.C., 1940 ed., were consolidated
with changes of phraseology necessary to effect consolidation.
Words ''carriage, horse, driver or'', ''car, steamboat'', and ''or
vessel'' were omitted as covered by ''any carrier or conveyance''.
The punishment provision is derived from said section 324 rather than
from section 325 which provided only a fine of not more than $100 and
related only to ferrymen.
Temporary employees of the postal service or carriers with custody,
see section 1008 of Title 39, Postal Service.
18 USC 1702. Obstruction of correspondence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever takes any letter, postal card, or package out of any post
office or any authorized depository for mail matter, or from any letter
or mail carrier, or which has been in any post office or authorized
depository, or in the custody of any letter or mail carrier, before it
has been delivered to the person to whom it was directed, with design to
obstruct the correspondence, or to pry into the business or secrets of
another, or opens, secretes, embezzles, or destroys the same, shall be
fined not more than $2,000 or imprisoned not more than five years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 317 (Mar. 4, 1909, ch. 321,
194, 35 Stat. 1125; Feb. 25, 1925, ch. 318, 43 Stat. 977; Aug. 26,
1935, ch. 693, 49 Stat. 867; Aug. 7, 1939, ch. 557, 53 Stat. 1256).
Section 317 of said title 18, U.S.C., 1940 ed., was incorporated in
this and section 1708 of this title.
Minor changes were made in phraseology.
18 USC 1703. Delay or destruction of mail or newspapers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, being a Postal Service officer or employee, unlawfully
secretes, destroys, detains, delays, or opens any letter, postal card,
package, bag, or mail entrusted to him or which shall come into his
possession, and which was intended to be conveyed by mail, or carried or
delivered by any carrier or other employee of the Postal Service, or
forwarded through or delivered from any post office or station thereof
established by authority of the Postmaster General or the Postal
Service, shall be fined not more than $500 or imprisoned not more than
five years, or both.
(b) Whoever, being a Postal Service officer or employee, improperly
detains, delays, or destroys any newspaper, or permits any other person
to detain, delay, or destroy the same, or opens, or permits any other
person to open, any mail or package of newspapers not directed to the
office where he is employed; or
Whoever, without authority, opens, or destroys any mail or package of
newspapers not directed to him, shall be fined not more than $100 or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 778; May 24, 1949, ch. 139, 37,
63 Stat. 95; Aug. 12, 1970, Pub. L. 91-375, 6(j)(16), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 318, 319 (Mar. 4, 1909, ch.
321, 195, 196, 35 Stat. 1125, 1126).
Section consolidated sections 318 and 319 of said title 18, U.S.C.,
1940 ed. The embezzlement and theft provisions of each were
incorporated in sections 1709 and 1710 of this title.
Minor changes were made in phraseology.
This section (section 37) corrects typographical errors in section
1703 of title 18, U.S.C.
1970 -- Subsec. (a). Pub. L. 91-375, 6(j)(16)(A), amended subsec.
(a) generally, which prior to amendment read as follows: ''Whoever,
being a postmaster or Postal Service employee, unlawfully detains,
delays, or opens any letter, postal card, package, bag, or mail
intrusted to him or which shall come into his possession, and which was
intended to be conveyed by mail, or carried or delivered by any carrier
or other employee of the Postal Service, or forwarded through or
delivered from any post office or station thereof established by
authority of the Postmaster General; or secretes, or destroys any such
letter, postal card, package, bag, or mail, shall be fined not more than
$500 or imprisoned not more than five years, or both.''
Subsec. (b). Pub. L. 91-375, 6(j)(16)(B), substituted ''Postal
Service officer or employee'' for ''postmaster or Postal Service
employee''.
1949 -- Subsec. (a). Act May 24, 1949, 37(a), substituted
''secretes'' for ''secrets''.
Subsec. (b). Act May 24, 1949, 37(b), substituted ''newspapers'' for
''newspaper''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1704. Keys or locks stolen or reproduced
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever steals, purloins, embezzles, or obtains by false pretense any
key suited to any lock adopted by the Post Office Department or the
Postal Service and in use on any of the mails or bags thereof, or any
key to any lock box, lock drawer, or other authorized receptacle for the
deposit or delivery of mail matter; or
Whoever knowingly and unlawfully makes, forges, or counterfeits any
such key, or possesses any such mail lock or key with the intent
unlawfully or improperly to use, sell, or otherwise dispose of the same,
or to cause the same to be unlawfully or improperly used, sold, or
otherwise disposed of; or
Whoever, being engaged as a contractor or otherwise in the
manufacture of any such mail lock or key, delivers any finished or
unfinished lock or the interior part thereof, or key, used or designed
for use by the department, to any person not duly authorized under the
hand of the Postmaster General and the seal of the Post Office
Department or the Postal Service, to receive the same, unless the person
receiving it is the contractor for furnishing the same or engaged in the
manufacture thereof in the manner authorized by the contract, or the
agent of such manufacturer --
Shall be fined not more than $500 or imprisoned not more than ten
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 778; Aug. 12, 1970, Pub. L.
91-375, 6(j)(17), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 314 (Mar. 4, 1909, ch. 321,
191, 35 Stat. 1125).
Reference to persons aiding, causing or assisting was omitted. Such
persons are principals under section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
1970 -- Pub. L. 91-375 inserted ''or the Postal Service'' after
''Post Office Department'' in first and third pars.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1705. Destruction of letter boxes or mail
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully or maliciously injures, tears down or destroys any
letter box or other receptacle intended or used for the receipt or
delivery of mail on any mail route, or breaks open the same or willfully
or maliciously injures, defaces or destroys any mail deposited therein,
shall be fined not more than $1,000 or imprisoned not more than three
years.
(June 25, 1948, ch. 645, 62 Stat. 779; May 24, 1949, ch. 139, 38,
63 Stat. 95.)
Based on title 18, U.S.C., 1940 ed., 321 (Mar. 4, 1909, ch. 321,
198, 35 Stat. 1126; May 18, 1916, ch. 126, 10, 39 Stat. 162; July 28,
1916, ch. 261, 1, 39 Stat. 418; May 7, 1934, ch. 220, 1, 48 Stat.
667).
Words ''or shall willfully take or steal such mail from or out of
such letter box or other receptacle'' were omitted as covered by section
1702 of this title. Prosecutions for theft of mail matter are
invariably made under that section whereas this section is used as basis
for prosecutions for malicious mischief to mail boxes or receptacles.
By Postal Regulations (1928), section 700, paragraph 2, an ordinary
letter box is within this section and also section 1702 of this title.
Huebner v. United States (C.C.A. 1928, 28 F. 2d 929).
Reference to persons assisting or aiding was omitted. Such persons
are principals under definitive section 2 of this title.
Minor changes were made in phraseology.
As amended by this section (section 38) of the bill, section 1705 of
title 18, U.S.C., is brought more closely into conformity with the
original statute from which it was derived by eliminating an inadvertent
reference to a ''conveyance'' which was not in the original statute.
(See S. Rept. No. 133, 81st Cong.)
1949 -- Act May 24, 1949, struck out reference to a ''conveyance''
which was not in original statute.
18 USC 1706. Injury to mail bags
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever tears, cuts, or otherwise injures any mail bag, pouch, or
other thing used or designed for use in the conveyance of the mail, or
draws or breaks any staple or loosens any part of any lock, chain, or
strap attached thereto, with intent to rob or steal any such mail, or to
render the same insecure, shall be fined not more than $1,000 or
imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 779.)
Based on title 18, U.S.C., 1940 ed., 312 (Mar. 4, 1909, ch. 321,
189, 35 Stat. 1124).
A fine of ''$1,000'' was substituted for ''$500'' thus increasing the
maximum to correspond with other comparable sections. (See section 1705
of this title.)
Minor verbal changes were made.
18 USC 1707. Theft of property used by Postal Service
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever steals, purloins, or embezzles any property used by the
Postal Service, or appropriates any such property to his own or any
other than its proper use, or conveys away any such property to the
hindrance or detriment of the public service, shall be fined not more
than $1,000 or imprisoned not more than three years, or both; but if
the value of such property does not exceed $100, he shall be fined not
more than $500 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 779; Aug. 12, 1970, Pub. L.
91-375, 6(j)(18), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 313 (Mar. 4, 1909, ch. 321,
190, 35 Stat. 1124).
The phrase ''used by'' was substituted for ''in use by or belonging
to'' in order to limit the application of the section to property used
by the Post Office Department. Theft of public property belonging to
governmental departments is covered by section 641 of this title.
A fine of ''$1,000'' was substituted for ''$200,'' thus increasing
the maximum to conform with other comparable sections. (See section
1705 of this title.)
The smaller penalty for an offense involving property valued at $100
or less was added. (See reviser's notes under sections 641 and 645 of
this title.)
Minor changes in phraseology were made.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for ''Post
Office Department''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1708. Theft or receipt of stolen mail matter generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever steals, takes, or abstracts, or by fraud or deception
obtains, or attempts so to obtain, from or out of any mail, post office,
or station thereof, letter box, mail receptacle, or any mail route or
other authorized depository for mail matter, or from a letter or mail
carrier, any letter, postal card, package, bag, or mail, or abstracts or
removes from any such letter, package, bag, or mail, any article or
thing contained therein, or secretes, embezzles, or destroys any such
letter, postal card, package, bag, or mail, or any article or thing
contained therein; or
Whoever steals, takes, or abstracts, or by fraud or deception obtains
any letter, postal card, package, bag, or mail, or any article or thing
contained therein which has been left for collection upon or adjacent to
a collection box or other authorized depository of mail matter; or
Whoever buys, receives, or conceals, or unlawfully has in his
possession, any letter, postal card, package, bag, or mail, or any
article or thing contained therein, which has been so stolen, taken,
embezzled, or abstracted, as herein described, knowing the same to have
been stolen, taken, embezzled, or abstracted --
Shall be fined not more than $2,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 779; May 24, 1949, ch. 139, 39,
63 Stat. 95; July 1, 1952, ch. 535, 66 Stat. 314.)
Based on title 18, U.S.C., 1940 ed., 317, 321 (Mar. 4, 1909, ch.
321, 194, 198, 35 Stat. 1125, 1126; May 18, 1916, ch. 126, 10, 39
Stat. 162; July 28, 1916, ch. 261, 1, 39 Stat. 418; Feb. 25, 1925,
ch. 318, 43 Stat. 977; May 7, 1934, ch. 220, 1, 48 Stat. 667; Aug.
26, 1935, ch. 693, 49 Stat. 867; Aug. 7, 1939, ch. 557, 53 Stat.
1256).
Each of these two sections has been divided. Provisions relating to
theft or larceny of mail were placed in this section.
Words ''letter box, mail receptacle, or any mail route'' are from
section 321 of title 18, U.S.C., 1940 ed. Such receptacles are
authorized depositaries. (See Rosen v. United States, N.Y. 1917, 38
S.Ct. 148, 245 U.S. 467, 62 L.Ed. 406, and Foster v. Biddle, C.C.A.
Kan. 1926, 14 F.2d 280, involving indictment under section 317 of title
18, U.S.C., 1940 ed.) No cases are reported of prosecutions for mail
theft under section 321 of title 18, U.S.C., 1940 ed., which relates
primarily to malicious mischief respecting letter boxes.
Language omitted from section 317 of title 18, U.S.C., 1940 ed., and
all of section 321 of title 18, U.S.C., 1940 ed., except that above
quoted, was incorporated in sections 1702 and 1705 of this title.
Words ''or aids in buying, receiving, or concealing'' were omitted as
unnecessary in view of the definition of principal in section 2 of this
title.
The smaller penalty for an offense involving $100 or less was added.
(See sections 641 and 645 of this title.)
Minor changes were made in phraseology.
This section (section 39) corrects a typographical error in section
1708 of title 18, U.S.C.
1952 -- Act July 1, 1952, made any thefts or receipt of stolen mail a
felony regardless of the monetary value of the thing stolen.
1949 -- Act May 24, 1949, substituted ''buys'' for ''buy'' in third
par.
Larceny from mail, see section 2114 of this title.
Temporary employees of the postal service or carriers with custody,
see section 1008 of Title 39, Postal Service.
18 USC 1709. Theft of mail matter by officer or employee
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a Postal Service officer or employee, embezzles any
letter, postal card, package, bag, or mail, or any article or thing
contained therein entrusted to him or which comes into his possession
intended to be conveyed by mail, or carried or delivered by any carrier,
messenger, agent, or other person employed in any department of the
Postal Service, or forwarded through or delivered from any post office
or station thereof established by authority of the Postmaster General or
of the Postal Service; or steals, abstracts, or removes from any such
letter, package, bag, or mail, any article or thing contained therein,
shall be fined not more than $2,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 780; Aug. 12, 1970, Pub. L.
91-375, 6(j)(19)(A), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 318 (Mar. 4, 1909, ch. 321,
195, 35 Stat. 1125).
The provisions of said section 318 of title 18, U.S.C., 1940 ed.,
were incorporated in this section and section 1703 of this title.
The fine of ''$500'' was increased to ''$2,000'' as more
proportionate to the imprisonment provision and to conform with other
comparable sections. (See sections 1702 and 1708 of this title.)
Changes were made in phraseology.
1970 -- Pub. L. 91-375 substituted ''officer'' for ''postmaster'' in
section catchline, and in text substituted ''Postal Service officer or
employee'' for ''postmaster or Postal Service employee'' and
''entrusted'' for ''intrusted'' and inserted ''or of the Postal
Service'' after ''Postmaster General''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1710. Theft of newspapers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a Postal Service officer or employee, takes or steals
any newspaper or package of newspapers from any post office or from any
person having custody thereof, shall be fined not more than $100 or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 780; Aug. 12, 1970, Pub. L.
91-375, 6(j)(20), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 319 (Mar. 4, 1909, ch. 321,
196, 35 Stat. 1126).
Theft provisions alone are retained in this section. Those relating
to other offenses were incorporated in section 1703 of this title.
Words ''mail or'' following ''steals any'' were omitted as covered by
section 1709 of this title.
Changes were made in phraseology.
1970 -- Pub. L. 91-375 substituted ''Postal Service officer or
employee'' for ''postmaster or Postal Service employee''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1711. Misappropriation of postal funds
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a Postal Service officer or employee, loans, uses,
pledges, hypothecates, or converts to his own use, or deposits in any
bank, or exchanges for other funds or property, except as authorized by
law, any money or property coming into his hands or under his control in
any manner, in the execution or under color of his office, employment,
or service, whether or not the same shall be the money or property of
the United States; or fails or refuses to remit to or deposit in the
Treasury of the United States or in a designated depository, or to
account for or turn over to the proper officer or agent, any such money
or property, when required to do so by law or the regulations of the
Postal Service, or upon demand or order of the Postal Service, either
directly or through a duly authorized officer or agent, is guilty of
embezzlement; and every such person, as well as every other person
advising or knowingly participating therein, shall be fined in a sum
equal to the amount or value of the money or property embezzled or
imprisoned not more than ten years, or both; but if the amount or value
thereof does not exceed $100, he shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
This section shall not prohibit any Postal Service officer or
employee from depositing, under the direction of the Postal Service, in
a national bank designated by the Secretary of the Treasury for that
purpose, to his own credit as Postal Service officer or employee any
funds in his charge, nor prevent his negotiating drafts or other
evidences of debt through such bank, or through United States disbursing
officers, or otherwise, when instructed or required so to do by the
Postal Service, for the purpose of remitting surplus funds from one post
office to another.
(June 25, 1948, ch. 645, 62 Stat. 780; Aug. 12, 1970, Pub. L.
91-375, 6(j)(21), 84 Stat. 778.)
Based on title 18, U.S.C., 1940 ed., 355 (Mar. 4, 1909, ch. 321,
225, 35 Stat. 1133; June 10, 1921, ch. 18, 304, 42 Stat. 24).
Said section 355 was divided into two sections, this section and
section 3498 of this title.
The smaller punishment for an offense involving $100 or less was
added. (See reviser's notes under sections 641 and 645 of this title.)
Changes of phraseology only were made.
1970 -- Pub. L. 91-375 substituted ''Postal Service officer or
employee'' and ''Postal Service'' for ''postmaster or Postal Service
employee'' and ''Post Office Department'' in first par., ''Postal
Service officer or employee'' for ''Postmaster'' in two places in second
par., and ''Postal Service'' for ''Postmaster General'' once in first
par. after ''order of the'' and twice in second par., respectively.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1712. Falsification of postal returns to increase compensation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a Postal Service officer or employee, makes a false
return, statement, or account to any officer of the United States, or
makes a false entry in any record, book, or account, required by law or
the rules or regulations of the Postal Service to be kept in respect of
the business or operations of any post office or other branch of the
Postal Service, for the purpose of fraudulently increasing his
compensation or the compensation of the postmaster or any employee in a
post office; or
Whoever, being a Postal Service officer or employee in any post
office or station thereof, for the purpose of increasing the emoluments
or compensation of his office, induces, or attempts to induce, any
person to deposit mail matter in, or forward in any manner for mailing
at, the office where such officer or employee is employed, knowing such
matter to be properly mailable at another post office --
Shall be fined not more than $500 or imprisoned not more than two
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 780; Aug. 12, 1970, Pub. L.
91-375, 6(j)(22), 84 Stat. 779.)
Based on title 18, U.S.C., 1940 ed., 329 and on section 172 of title
39, U.S.C., 1940 ed., The Postal Service (Aug. 4, 1886, ch. 901, 3, 24
Stat. 221; Mar. 4, 1909, ch. 321, 206, 35 Stat. 1128; June 10, 1921,
ch. 18, 304, 42 Stat. 24).
Said sections were consolidated.
The texts of the two sections were substantially identical except
that said section 172 of title 39, U.S.C., 1940 ed., provided that
''whenever, upon evidence deemed satisfactory to him, the Postmaster
General shall determine that any such false return has been made, he
may, by order, fix absolutely the compensation of the postmaster for
such special delivery during any quarter or quarters which he shall deem
affected by such false return, and the General Accounting Office shall
adjust the postmaster's account accordingly'', the words ''General
Accounting Office'' having been substituted for ''Auditor'' on the
authority of the act of June 10, 1921, shown in the credits above. This
particular language was omitted because such powers and duties as it
prescribes would devolve upon the Postmaster General without legislation
and also because said section 172 of Title 39, which was derived from
the act of August 4, 1886, shown in the credits above, was impliedly
repealed by the general repealing clause of section 341 of the Criminal
Code of 1909. Section 208 of that Code contained the provisions which
formed the basis for said section 329 of Title 18.
Reference in said section 329 of title 18, U.S.C., 1940 ed., to
persons assisting, causing or procuring was omitted as unnecessary in
view of definition of ''principal'' in section 2 of this title.
Minor verbal changes were made.
1970 -- Pub. L. 91-375 substituted ''Postal Service officer or
employee'' for ''postmaster or Postal Service employee'' and ''Postal
Service'' for ''Post Office Department'' after ''rules or regulations of
the'' in first par. and ''Postal Service officer or employee'' and
''officer or employee'' for ''postmaster or employee'' and ''postmaster
or other person'' in second par., respectively.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1713. Issuance of money orders without payment
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer or employee of the Postal Service, issues a
money order without having previously received the money therefor, shall
be fined not more than $500.
(June 25, 1948, ch. 645, 62 Stat. 781; Aug. 12, 1970, Pub. L.
91-375, 6(j)(23), 84 Stat. 779.)
Based on title 18, U.S.C., 1940 ed., 333 (Mar. 4, 1909, ch. 321,
210, 35 Stat. 1129).
Minor change was made in phraseology.
1970 -- Pub. L. 91-375 substituted ''an officer or employee of the
Postal Service'' for ''a postmaster or other person employed in any
branch of the Postal Service''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC ( 1714. Repealed. Pub. L. 101-647, title XII, 1210(b), Nov.
29, 1990, 104 Stat. 4832)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 781, provided that
certain foreign divorce information was nonmailable.
18 USC 1715. Firearms as nonmailable; regulations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Pistols, revolvers, and other firearms capable of being concealed on
the person are nonmailable and shall not be deposited in or carried by
the mails or delivered by any officer or employee of the Postal Service.
Such articles may be conveyed in the mails, under such regulations as
the Postal Service shall prescribe, for use in connection with their
official duty, to officers of the Army, Navy, Air Force, Coast Guard,
Marine Corps, or Organized Reserve Corps; to officers of the National
Guard or Militia of a State, Territory, or District; to officers of the
United States or of a State, Territory, or District whose official duty
is to serve warrants of arrest or commitments; to employees of the
Postal Service; to officers and employees of enforcement agencies of
the United States; and to watchmen engaged in guarding the property of
the United States, a State, Territory, or District. Such articles also
may be conveyed in the mails to manufacturers of firearms or bona fide
dealers therein in customary trade shipments, including such articles
for repairs or replacement of parts, from one to the other, under such
regulations as the Postal Service shall prescribe.
Whoever knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail according to the direction thereon, or at
any place to which it is directed to be delivered by the person to whom
it is addressed, any pistol, revolver, or firearm declared nonmailable
by this section, shall be fined not more than $1,000 or imprisoned not
more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 781; May 24, 1949, ch. 139, 40,
63 Stat. 95; Aug. 12, 1970, Pub. L. 91-375, 6(j)(24), 84 Stat. 779.)
Based on title 18, U.S.C., 1940 ed., 361 (Feb. 8, 1927, ch. 75, 1,
44 Stat. 1059; May 15, 1939, ch. 134, 53 Stat. 744; Mar. 7, 1942, ch.
160, 56 Stat. 141).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor changes were made in phraseology.
This section (section 40) inserts ''Air Force,'' in section 1715 of
title 18, U.S.C., in view of the establishment in 1947 of this separate
branch of the armed forces, and substitutes, ''Organized'' for
''Officers''', preceding ''Reserve Corps'', to conform to section 2 of
title 10, U.S.C., as amended by the act of March 25, 1948 (ch. 157, 1,
62 Stat. 87), which grouped all reserve branches into a reserve
component called the Organized Reserve Corps.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for
''Postmaster General'' after ''such regulations as the'' in two places
and ''officer or employee of'' for ''postmaster, letter carrier, or
other person in'' in first par., respectively.
1949 -- Act May 24, 1949, inserted ''Air Force'' after ''Navy'' and
substituted ''Organized'' for ''Officers''' before ''Reserve Corps'' in
first par, to make section applicable to the Air Force and to conform to
the grouping of all reserve branches into a single reserve component.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Firearms provisions of sections 921 to 928 of this title as not
modifying or affecting this section, see Modification of Other Laws note
set out under section 921 of this title.
Firearms shipments or transportation by licensed importers, licensed
manufacturers, and licensed dealers for use in connection with official
duties not unlawful when conveyed in the mails, see section 922 of this
title.
Seizure and disposition of nonmailable matter, see section 3001 et.
seq. of Title 39, Postal Service.
title 39 section 3001.
18 USC 1716. Injurious articles as nonmailable
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) All kinds of poison, and all articles and compositions containing
poison, and all poisonous animals, insects, reptiles, and all
explosives, inflammable materials, infernal machines, and mechanical,
chemical, or other devices or compositions which may ignite or explode,
and all disease germs or scabs, and all other natural or artificial
articles, compositions, or material which may kill or injure another, or
injure the mails or other property, whether or not sealed as first-class
matter, are nonmailable matter and shall not be conveyed in the mails or
delivered from any post office or station thereof, nor by any officer or
employee of the Postal Service.
(b) The Postal Service may permit the transmission in the mails,
under such rules and regulations as it shall prescribe as to preparation
and packing, of any such articles which are not outwardly or of their
own force dangerous or injurious to life, health, or property.
(c) The Postal Service is authorized and directed to permit the
transmission in the mails, under regulations to be prescribed by it, of
live scorpions which are to be used for purposes of medical research or
for the manufacture of antivenom. Such regulations shall include such
provisions with respect to the packaging of such live scorpions for
transmission in the mails as the Postal Service deems necessary or
desirable for the protection of Postal Service personnel and of the
public generally and for ease of handling by such personnel and by any
individual connected with such research or manufacture. Nothing
contained in this paragraph shall be construed to authorize the
transmission in the mails of live scorpions by means of aircraft engaged
in the carriage of passengers for compensation or hire.
(d) The transmission in the mails of poisonous drugs and medicines
may be limited by the Postal Service to shipments of such articles from
the manufacturer thereof or dealer therein to licensed physicians,
surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and
veterinarians under such rules and regulations as it shall prescribe.
(e) The transmission in the mails of poisons for scientific use, and
which are not outwardly dangerous or of their own force dangerous or
injurious to life, health, or property, may be limited by the Postal
Service to shipments of such articles between the manufacturers thereof,
dealers therein, bona fide research or experimental scientific
laboratories, and such other persons who are employees of the Federal, a
State, or local government, whose official duties are comprised, in
whole or in part, of the use of such poisons, and who are designated by
the head of the agency in which they are employed to receive or send
such articles, under such rules and regulations as the Postal Service
shall prescribe.
(f) All spirituous, vinous, malted, fermented, or other intoxicating
liquors of any kind are nonmailable and shall not be deposited in or
carried through the mails.
(g) All knives having a blade which opens automatically (1) by hand
pressure applied to a button or other device in the handle of the knife,
or (2) by operation of inertia, gravity, or both, are nonmailable and
shall not be deposited in or carried by the mails or delivered by any
officer or employee of the Postal Service. Such knives may be conveyed
in the mails, under such regulations as the Postal Service shall
prescribe --
(1) to civilian or Armed Forces supply or procurement officers and
employees of the Federal Government ordering, procuring, or purchasing
such knives in connection with the activities of the Federal Government;
(2) to supply or procurement officers of the National Guard, the Air
National Guard, or militia of a State, Territory, or the District of
Columbia ordering, procuring, or purchasing such knives in connection
with the activities of such organizations;
(3) to supply or procurement officers or employees of the municipal
government of the District of Columbia or of the government of any State
or Territory, or any county, city, or other political subdivision of a
State or Territory, ordering, procuring, or purchasing such knives in
connection with the activities of such government; and
(4) to manufacturers of such knives or bona fide dealers therein in
connection with any shipment made pursuant to an order from any person
designated in paragraphs (1), (2), and (3).
The Postal Service may require, as a condition of conveying any such
knife in the mails, that any person proposing to mail such knife explain
in writing to the satisfaction of the Postal Service that the mailing of
such knife will not be in violation of this section.
(h) Any advertising, promotional, or sales matter which solicits or
induces the mailing of anything declared nonmailable by this section is
likewise nonmailable unless such matter contains wrapping or packaging
instructions which are in accord with regulations promulgated by the
Postal Service.
(i)(1) Any ballistic knife shall be subject to the same restrictions
and penalties provided under subsection (g) for knives described in the
first sentence of that subsection.
(2) As used in this subsection, the term ''ballistic knife'' means a
knife with a detachable blade that is propelled by a spring-operated
mechanism.
Whoever knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon, or
at any place at which it is directed to be delivered by the person to
whom it is addressed, anything declared nonmailable by this section,
unless in accordance with the rules and regulations authorized to be
prescribed by the Postal Service, shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
Whoever knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon or at
any place to which it is directed to be delivered by the person to whom
it is addressed, anything declared nonmailable by this section, whether
or not transmitted in accordance with the rules and regulations
authorized to be prescribed by the Postal Service, with intent to kill
or injure another, or injure the mails or other property, shall be fined
not more than $10,000 or imprisoned not more than twenty years, or both.
Whoever is convicted of any crime prohibited by this section, which
has resulted in the death of any person, shall be subject also to the
death penalty or to imprisonment for life, if the jury shall in its
discretion so direct, or, in the case of a plea of guilty, or a plea of
not guilty where the defendant has waived a trial by jury, if the court
in its discretion, shall so order.
(June 25, 1948, ch. 645, 62 Stat. 781; May 8, 1952, ch. 246, 66
Stat. 67; June 29, 1955, ch. 224, 69 Stat. 191; Sept. 2, 1957, Pub.
L. 85-268, 71 Stat. 594; Aug. 12, 1958, Pub. L. 85-623, 5, 72 Stat.
562; Aug. 12, 1970, Pub. L. 91-375, 6(j)(25), 84 Stat. 779; Dec. 15,
1971, Pub. L. 92-191, 1, 85 Stat. 647; Oct. 27, 1986, Pub. L. 99-570,
title X, 10003, 100 Stat. 3207-167.)
Based on title 18, U.S.C., 1940 ed., 340 (Mar. 4, 1909. ch. 321,
217, 35 Stat. 1131; May 25, 1920, ch. 196, 41 Stat. 620; Jan. 11,
1929, ch. 53, 45 Stat. 1072; June 19, 1934, ch. 650, 48 Stat. 1063).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
The maximum of ''twenty years'' was reduced to ''ten years'' as more
consistent with such comparable sections as sections 111 and 1113 of
this title.
Minor changes were made in phraseology.
1986 -- Subsec. (i). Pub. L. 99-570 added subsec. (i).
1971 -- Subsecs. (a) to (g). Pub. L. 92-191 designated existing
seven paragraphs preceding the penal provisions as subsecs. (a) to (g),
respectively.
Subsec. (h). Pub. L. 92-191 added subsec. (h).
1970 -- First par. Pub. L. 91-375, 6(j)(25)(B)(ii), substituted
''officer or employee of the Postal Service'' for ''letter carrier''.
Second par. Pub. L. 91-375, 6(j)(25)(A), substituted ''Postal
Service'' and ''it shall prescribe'' for ''Postmaster General'' and ''he
shall prescribe''.
Third par. Pub. L. 91-375, 6(j)(25)(A), substituted ''Postal
Service'' for ''Postmaster General'' in two places, ''prescribed by it''
for ''prescribed by him'', ''antivenom'' for ''antivenin'', ''necessary
or desirable'' for ''necessary or advisable'', and ''Postal Service
personnel'' for ''Post Office Department personnel''.
Fourth par. Pub. L. 91-375, 6(j)(25)(A), substituted ''Postal
Service'' and ''it shall prescribe'' for ''Postmaster General'' and ''he
shall prescribe'', respectively, and struck out the comma after
''veterinarians''.
Fifth par. Pub. L. 91-375 6(j)(25)(B)(i) substituted ''Postal
Service'' for ''Postmaster General'' in two places.
Seventh par. Pub. L. 91-375, 6(j)(25)(B)(i), (iii), substituted
''Postal Service'' for ''Postmaster General'' in three places, and
''officer or employee of the Postal Service'' for ''postmaster, letter
carrier, or other person in the postal service'', respectively.
Eighth to tenth pars. Pub. L. 91-375, 6(j)(25)(B)(i), substituted
''Postal Service'' for ''Postmaster General''.
1958 -- Pub. L. 85-623 inserted paragraph prohibiting mailing of
switchblade knives except in connection with Armed Forces or other
Government orders.
1957 -- Pub. L. 85-268 reduced penalty from two to one year for
mailing nonmailable articles; increased penalty from ten to twenty
years for mailing nonmailable matter with intent to kill or injure
another or injure the mails or other property but where death does not
result; and provided death penalty or life imprisonment for mailing
nonmailable matter resulting in death.
1955 -- Act June 29, 1955, inserted paragraph to permit the
transportation in the mails of live scorpions for certain purposes.
1952 -- Act May 8, 1952, inserted fourth paragraph to extend the
Postmaster General's authority as it relates to the transmission of
poisonous drugs through the mails for scientific purposes.
Amendment by Pub. L. 99-570 effective 30 days after Oct. 27, 1986,
see section 10004 of Pub. L. 99-570, set out as an Effective Date note
under section 1245 of Title 15, Commerce and Trade.
Section 3 of Pub. L. 92-191 provided that: ''The amendments made by
this Act (amending this section and section 3001 of Title 39, Postal
Service) shall become effective at the beginning of the third calendar
month following the date of enactment of this Act (Dec. 15, 1971) or on
the date section 3001 of title 39, United States Code, becomes effective
(July 1, 1971) pursuant to section 15(a) of Public Law 91-375 (set out
as an Effective Date note preceding section 101 of title 39), whichever
is the later.''
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Amendment by Pub. L. 85-623 effective on sixtieth day after Aug.
12, 1958, see Effective Date note set out under section 1241 of Title
15, Commerce and Trade.
Federal Hazardous Substances Act as not modifying this section, see
Pub. L. 86-613, 17, July 12, 1960, 74 Stat. 380, set out as a note
under section 1261 of Title 15, Commerce and Trade.
Mailing of packages containing any plant or plant product into a
State maintaining terminal inspection thereof, without marking the
contents of such package on the outside, prohibited, see section 166 of
Title 7, Agriculture.
Seizure and disposition of nonmailable matter, see section 3001 et
seq. of Title 39, Postal Service.
18 USC 1716A. Nonmailable locksmithing devices and motor vehicle
master keys
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail according to the direction thereon, or at
any place to which it is directed to be delivered by the person to whom
it is addressed, any matter declared to be nonmailable by section 3002
of title 39, shall be fined under this title or imprisoned not more than
one year, or both.
(b) Whoever knowingly deposits for mailing or delivery, causes to be
delivered by mail, or causes to be delivered by any interstate mailing
or delivery other than by the United States Postal Service, any matter
declared to be nonmailable by section 3002a of title 39, shall be fined
under this title, imprisoned not more than one year, or both.
(Added Pub. L. 90-560, 2(1), Oct. 12, 1968, 82 Stat. 997; amended
Pub. L. 91-375, Aug. 12, 1970, 6(j)(26), 84 Stat. 780; Pub. L.
100-690, title VII, 7090(c), Nov. 18, 1988, 102 Stat. 4410; Pub. L.
101-647, title XXXV, 3551, Nov. 29, 1990, 104 Stat. 4926.)
1990 -- Subsec. (a). Pub. L. 101-647 substituted ''shall be fined
under this title or'' for ''shall be under this title''.
1988 -- Pub. L. 100-690 inserted ''locksmithing devices and'' in
section catchline, designated existing provisions as subsec. (a),
substituted ''under this title'' for ''fined not more than $1,000, or'',
and added subsec. (b).
1970 -- Pub. L. 91-375 substituted ''section 3002'' for ''section
4010'' of title 39.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Section 3 of Pub. L. 90-560 provided that: ''The amendments made by
the first section and section 2 of this Act (enacting this section and
section 4010 of former Title 39, The Postal Service) shall become
effective on the sixtieth day after the date of enactment of this Act
(Oct. 12, 1968).''
18 USC 1716B. Nonmailable plants
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, according to the direction thereon, or
at any place at which it is directed to be delivered by the person to
whom it is addressed, anything declared nonmailable by section 3014(b)
of title 39, unless in accordance with the rules and regulations
prescribed by the Postal Service under section 3014(c) of such title,
shall be fined under this title, or imprisoned not more than one year,
or both.
(Added Pub. L. 100-574, 1(b)(1), Oct. 31, 1988, 102 Stat. 2893.)
Section effective Oct. 31, 1989, see section 4 of Pub. L. 100-574,
set out as a note under section 3014 of Title 39, Postal Service.
18 USC 1716C. Forged agricultural certifications
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever forges or counterfeits any certification authorized under any
rules or regulations prescribed under section 3014(c) of title 39 with
intent to make it appear that such is a genuine certification, or makes
or knowingly uses or sells, or possesses with intent to use or sell, any
forged or counterfeited certification so authorized, or device for
imprinting any such certification, shall be fined under this title, or
imprisoned not more than one year, or both.
(Added Pub. L. 100-574, 2(a), Oct. 31, 1988, 102 Stat. 2893.)
Section effective Oct. 31, 1989, see section 4 of Pub. L. 100-574,
set out as a note under section 3014 of Title 39, Postal Service.
18 USC 1717. Letters and writings as nonmailable
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Every letter, writing, circular, postal card, picture, print,
engraving, photograph, newspaper, pamphlet, book, or other publication,
matter or thing, in violation of sections 499, 506, 793, 794, 915, 954,
956, 957, 960, 964, 1017, 1542, 1543, 1544 or 2388 of this title or
which contains any matter advocating or urging treason, insurrection, or
forcible resistance to any law of the United States is nonmailable and
shall not be conveyed in the mails or delivered from any post office or
by any letter carrier.
(b) Whoever uses or attempts to use the mails or Postal Service for
the transmission of any matter declared by this section to be
nonmailable, shall be fined not more than $5,000 or imprisoned not more
than ten years or both.
(June 25, 1948, ch. 645, 62 Stat. 782; Sept. 2, 1960, Pub. L.
86-682, 12(b), 74 Stat. 708; Aug. 12, 1970, Pub. L. 91-375, 6(j)(27),
84 Stat. 780; Nov. 29, 1990, Pub. L. 101-647, title XXXV, 3552(a), 104
Stat. 4926.)
Based on title 18, U.S.C., 1940 ed., 343, 344, 345, 346 (June 15,
1917, ch. 30, title XII, 1-3, title XIII, 1, 40 Stat. 230, 231; Mar.
28, 1940, ch. 72, 9, 54 Stat. 80).
Section consolidates said sections 343-345 of title 18, U.S.C., 1940
ed. The provision as to opening letters was incorporated in paragraph
(c).
Venue provisions in said section 345 of title 18, U.S.C., 1940 ed.,
were omitted as covered by section 3237 of this title.
Section 346 of title 18, U.S.C., 1940 ed., defining ''United States''
was omitted. It is incorporated, however, in section 5 of this title.
References in text to other sections do not include definitive
sections. Only those susceptible of violation are cited.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in arrangement, translation, and phraseology.
1990 -- Pub. L. 101-647 struck out ''; opening letters'' after
''nonmailable'' in section catchline.
1970 -- Subsec. (b). Pub. L. 91-375 struck out ''of the United
States'' after ''Postal Service''.
1960 -- Subsec. (c). Pub. L. 86-682 repealed subsec. (c) which
related to the opening of letters, effective Sept. 1, 1960.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Jurisdiction of offenses, see section 3241 of this title.
Seizure and disposition of nonmailable matter, see section 3001 et.
seq. of Title 39, Postal Service.
18 USC ( 1718. Repealed. Pub. L. 101-647, title XII, 1210(c), Nov.
29, 1990, 104 Stat. 4832)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, acts June 25, 1948, ch. 645, 62 Stat. 782; Aug. 12, 1970,
Pub. L. 91-375, 6(j)(28), 84 Stat. 780, provided that libelous matter
on wrappers or envelopes was nonmailable.
18 USC 1719. Franking privilege
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever makes use of any official envelope, label, or indorsement
authorized by law, to avoid the payment of postage or registry fee on
his private letter, packet, package, or other matter in the mail, shall
be fined not more than $300.
(June 25, 1948, ch. 645. 62 Stat. 783.)
Based on title 18, U.S.C., 1940 ed., 357 (Mar. 4, 1909, ch. 321,
227, 35 Stat. 1134).
Minor verbal change was made. Section 746(f) of title 8, U.S.C.,
1940 ed., Aliens and Nationality, providing same penalty for misuse of
franking privilege in naturalization service, should be repealed as
covered by this section. The proviso in section 337 of title 39,
U.S.C., 1940 ed., The Postal Service, should also be repealed for the
same reason.
Franking privilege, see section 3201 et seq. of Title 39, Postal
Service.
18 USC 1720. Canceled stamps and envelopes
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever uses or attempts to use in payment of postage, any canceled
postage stamp, whether the same has been used or not, or removes,
attempts to remove, or assists in removing, the canceling or defacing
marks from any postage stamp, or the superscription from any stamped
envelope, or postal card, that has once been used in payment of postage,
with the intent to use the same for a like purpose, or to sell or offer
to sell the same, or knowingly possesses any such postage stamp, stamped
envelope, or postal card, with intent to use the same or knowingly sells
or offers to sell any such postage stamp, stamped envelope, or postal
card, or uses or attempts to use the same in payment of postage; or
Whoever unlawfully and willfully removes from any mail matter any
stamp attached thereto in payment of postage; or
Whoever knowingly uses in payment of postage, any postage stamp,
postal card, or stamped envelope, issued in pursuance of law, which has
already been used for a like purpose --
Shall be fined not more than $500 or imprisoned not more than one
year, or both; but if he is a person employed in the Postal Service, he
shall be fined not more than $500 or imprisoned not more than three
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 783.)
Based on title 18, U.S.C., 1940 ed., 328 (Mar. 4, 1909, ch. 321,
205, 35 Stat. 1127).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor verbal changes were made.
Forfeiture of counterfeit paraphernalia, see section 492 of this
title.
18 USC 1721. Sale or pledge of stamps
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a Postal Service officer or employee, knowingly and
willfully: uses or disposes of postage stamps, stamped envelopes, or
postal cards entrusted to his care or custody in the payment of debts,
or in the purchase of merchandise or other salable articles, or pledges
or hypothecates the same or sells or disposes of them except for cash;
or sells or disposes of postage stamps or postal cards for any larger or
less sum than the values indicated on their faces; or sells or disposes
of stamped envelopes for a larger or less sum than is charged therefor
by the Postal Service for like quantities; or sells or disposes of
postage stamps, stamped envelopes, or postal cards at any point or place
outside of the delivery of the office where such officer or employee is
employed; or for the purpose of increasing the emoluments, or
compensation of any such officer or employee, inflates or induces the
inflation of the receipts of any post office or any station or branch
thereof; or sells or disposes of postage stamps, stamped envelopes, or
postal cards, otherwise than as provided by law or the regulations of
the Postal Service; shall be fined not more than $500 or imprisoned not
more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 783; Aug. 1, 1956, ch. 818, 70
Stat. 784; Aug. 12, 1970, Pub. L. 91-375, 6(j)(29), 84 Stat. 780.)
Based on section 331 of title 18 and section 364 of title 39, The
Postal Service, both U.S.C., 1940 ed. (R.S. 3920; Mar. 4, 1909, ch.
321, 208, 35 Stat. 1128).
Said sections were consolidated with only minor changes in
phraseology.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
1970 -- Pub. L. 91-375 substituted ''Postal Service officer or
employee'' for ''postmaster or postal service employee'', ''Postal
Service'' for ''Post Office Department'' in two places, ''officer or
employee'' for ''postmaster or other person'', and ''any such officer or
employee'' for ''the postmaster or any employee of a post office or
station or branch thereof'', respectively.
1956 -- Act Aug. 1, 1956, broadened the class of postal employees
subject to penalties prescribed by this section and broadened the
prohibition to include the inflation of receipts by means other than the
disposing of stamps, stamped envelopes, or postal cards.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1722. False evidence to secure second-class rate
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly submits to the Postal Service or to any officer or
employee of the Postal Service, any false evidence relative to any
publication for the purpose of securing the admission thereof at the
second-class rate, for transportation in the mails, shall be fined not
more than $500.
(June 25, 1948, ch. 645, 62 Stat. 783; Aug. 12, 1970, Pub. L.
91-375, 6(j)(30), 84 Stat. 780.)
Based on title 18, U.S.C., 1940 ed., 353 (Mar. 4, 1909, ch. 321,
223, 35 Stat. 1133).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor verbal change was made.
1970 -- Pub. L. 91-375 substituted ''the Postal Service or to any
officer or employee of the Postal Service'' for ''any postmaster or to
the Post Office Department or any officer of the Postal Service''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1723. Avoidance of postage by using lower class matter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Matter of the second, third, or fourth class containing any writing
or printing in addition to the original matter, other than as authorized
by law, shall not be admitted to the mails, nor delivered, except upon
payment of postage for matter of the first class, deducting therefrom
any amount which may have been prepaid by stamps affixed, unless by
direction of a duly authorized officer of the Postal Service such
postage shall be remitted.
Whoever knowingly conceals or incloses any matter of a higher class
in that of a lower class, and deposits the same for conveyance by mail,
at a less rate than would be charged for such higher class matter, shall
be fined not more than $100.
(June 25, 1948, ch. 645, 62 Stat. 784; Aug. 12, 1970, Pub. L.
91-375, 6(j)(31), 84 Stat. 780.)
Based on title 18, U.S.C., 1940 ed., 351 (Mar. 4, 1909, ch. 321,
221, 35 Stat. 1132).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor verbal changes were made.
1970 -- Pub. L. 91-375 substituted ''a duly authorized officer of
the Postal Service'' for ''Postmaster General''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1724. Postage on mail delivered by foreign vessels
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Except as otherwise provided by treaty or convention the Postal
Service may require the transportation by any steamship of mail between
the United States and any foreign port at the compensation fixed under
authority of law. Upon refusal by the master or the commander of such
steamship or vessel to accept the mail, when tendered by the Postal
Service or its representative, the collector or other officer of the
port empowered to grant clearance, on notice of the refusal aforesaid,
shall withhold clearance, until the collector or other officer of the
port is informed by the Postal Service or its representative that the
master or commander of the steamship or vessel has accepted the mail or
that conveyance by his steamship or vessel is no longer required by the
Postal Service.
(June 25, 1948, ch. 645, 62 Stat. 784; Sept. 25, 1951, ch. 413,
1(4), 65 Stat. 336; Aug. 12, 1970, Pub. L. 91-375, 6(j)(32), 84 Stat.
780.)
Based on title 18, U.S.C., 1940 ed., 326 (Mar. 4, 1909, ch. 321,
203, 35 Stat. 1127; Feb. 6, 1929, ch. 157, 45 Stat. 1153).
1970 -- Pub. L. 91-375 substituted ''Postal Service'' and ''Postal
Service or its representative'' for ''Postmaster General'' and
''Postmaster General or his representative'', respectively, in two
places.
1951 -- Act Sept. 25, 1951, repealed former first paragraph relating
to penalties for failure to pay postage on or unlawful conveyance of
mail to or from any part of the United States by foreign vessels.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1725. Postage unpaid on deposited mail matter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly and willfully deposits any mailable matter such as
statements of accounts, circulars, sale bills, or other like matter, on
which no postage has been paid, in any letter box established, approved,
or accepted by the Postal Service for the receipt or delivery of mail
matter on any mail route with intent to avoid payment of lawful postage
thereon, shall for each such offense be fined not more than $300.
(June 25, 1948, ch. 645, 62 Stat. 784; Aug. 12, 1970, Pub. L.
91-375, 6(j)(33), 84 Stat. 780.)
Based on title 18, U.S.C., 1940 ed., 321a (May 7, 1934, ch. 220, 2,
48 Stat. 667).
Reference to persons aiding or assisting was struck out as
unnecessary since such persons are made principals by section 2 of this
title.
Minor verbal changes were made.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for
''Postmaster General''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
18 USC 1726. Postage collected unlawfully
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a postmaster or other person authorized to receive the
postage of mail matter, fraudulently demands or receives any rate of
postage or gratuity or reward other than is provided by law for the
postage of such mail matter, shall be fined not more than $100 or
imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 784.)
Based on title 18, U.S.C., 1940 ed., 330 (Mar. 4, 1909, ch. 321,
207, 35 Stat. 1128).
Minor verbal changes were made.
18 USC ( 1727. Repealed. Pub. L. 90-384, 1(a), July 5, 1968, 82 Stat.
292)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 785, provided for a
fine of not more than $50 for postage accounting violations.
Section 2 of Pub. L. 90-384 provided that: ''Nothing in this Act
(repealing this section) shall be construed to affect in any way any
prosecution for any offense occurring prior to the date of enactment of
such Act (July 5, 1968).''
18 USC 1728. Weight of mail increased fraudulently
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever places any matter in the mails during the regular weighing
period, for the purpose of increasing the weight of the mail, with
intent to cause an increase in the compensation of the railroad mail
carrier over whose route such mail may pass, shall be fined not more
than $20,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 785.)
Based on title 18, U.S.C., 1940 ed., 358 (Mar. 4, 1909, ch. 321,
228, 35 Stat. 1134).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor verbal changes were made.
18 USC 1729. Post office conducted without authority
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, without authority from the Postal Service, sets up or
professes to keep any office or place of business bearing the sign,
name, or title of post office, shall be fined not more than $500.
(June 25, 1948, ch. 645, 62 Stat. 785; Aug. 12, 1970, Pub. L.
91-375, 6(j)(34), 84 Stat. 780.)
Based on title 18, U.S.C., 1940 ed., 302 (Mar. 4, 1909, ch. 321,
179, 35 Stat. 1123).
Minor verbal changes were made.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for
''Postmaster General''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Establishing post offices, see section 401 et seq. of Title 39,
Postal Service.
18 USC 1730. Uniforms of carriers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, not being connected with the letter-carrier branch of the
Postal Service, wears the uniform or badge which may be prescribed by
the Postal Service to be worn by letter carriers, shall be fined not
more than $100 or imprisoned not more than six months, or both.
The provisions of the preceding paragraph shall not apply to an actor
or actress in a theatrical, television, or motion-picture production who
wears the uniform or badge of the letter-carrier branch of the Postal
Service while portraying a member of that service.
(June 25, 1948, ch. 645, 62 Stat. 785; July 21, 1968, Pub. L.
90-413, 82 Stat. 396; Aug. 12, 1970, Pub. L. 91-375, 6(j)(35), 84
Stat. 780; Nov. 29, 1990, Pub. L. 101-647, title XII, 1210(a), 104
Stat. 4832.)
Based on title 18, U.S.C., 1940 ed., 310 (Mar. 4, 1909, ch. 321,
187, 35 Stat. 1124).
Minor verbal change was made.
1990 -- Pub. L. 101-647 struck out '', if the portrayal does not
tend to discredit that service'' before period at end.
1970 -- Pub. L. 91-375 substituted ''Postal Service'' for
''Postmaster General'' before ''to be worn'' in first par.
1968 -- Pub. L. 90-413 inserted provision exempting an actor or
actress in a theatrical, television, or motion-picture production who
wears the uniform or badge of the letter-carrier branch of the Postal
Service from the penalties imposed by this section.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Uniform for carriers, see section 1001 of Title 39, Postal Service.
18 USC 1731. Vehicles falsely labeled as carriers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
It shall be unlawful to paint, print, or in any manner to place upon
or attach to any steamboat or other vessel, or any car, stagecoach,
vehicle, or other conveyance, not actually used in carrying the mail,
the words ''United States Mail'', or any words, letters, or characters
of like import; or to give notice, by publishing in any newspaper or
otherwise, that any steamboat or other vessel, or any car, stagecoach,
vehicle, or other conveyance, is used in carrying the mail, when the
same is not actually so used.
Whoever violates, and every owner, receiver, lessee, or managing
operator who suffers, or permits the violation of, any provision of this
section, shall be fined not more than $500 or imprisoned not more than
six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 785.)
Based on title 18, U.S.C., 1940 ed., 311 (Mar. 4, 1909, ch. 321,
188, 35 Stat. 1124).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
The punishment provision was rewritten to conform more closely with
comparable offenses in other sections. (See sections 1729 and 1730 of
this title.)
Minor verbal changes were made.
18 USC 1732. Approval of bond or sureties by postmaster
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a postmaster, affixes his signature to the approval of
any bond of a bidder, or to the certificate of sufficiency of sureties
in any contract, before the said bond or contract is signed by the
bidder or contractor and his sureties, or knowingly, or without the
exercise of due diligence, approves any bond of a bidder with
insufficient sureties, or knowingly makes any false or fraudulent
certificate, shall be fined not more than $5,000 or imprisoned not more
than one year, or both; and shall be dismissed from office and
disqualified from holding the office of postmaster.
(June 25, 1948, ch. 645, 62 Stat. 785.)
Based on title 18, U.S.C., 1940 ed., 352 (Mar. 4, 1909, ch. 321,
222, 35 Stat. 1133).
Minor verbal changes were made.
18 USC 1733. Mailing periodical publications without prepayment of
postage
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, except as permitted by law, knowingly mails any periodical
publication without the prepayment of postage, or, being an officer or
employee of the Postal Service, knowingly permits any periodical
publication to be mailed without prepayment of postage, shall be fined
not more than $1,000, or imprisoned not more than one year, or both.
(Added Pub. L. 86-682, 7, Sept. 2, 1960, 74 Stat. 705; amended Pub.
L. 91-375, 6(j)(36)(A), Aug. 12, 1970, 84 Stat. 780.)
1970 -- Pub. L. 91-375 substituted ''Mailing periodical publications
without prepayment of postage'' for ''Affidavits relating to second
class mail'' as section catchline, struck out subsec. (a) penalty
provision for fine of not more than $1,000 for each refusal to make
affidavits relating to second class mail when tendering for mailing such
mail without any affidavits, and reenacted subsec. (b) as the section
without any subsection designation, inserting '', except as permitted by
law,'' and substituting ''periodical publication'' for ''second class
mail'' in two places, ''prepayment of postage'' for ''payment of
postage'' where first appearing, and ''officer or employee of the Postal
Service'' for ''postmaster or postal official''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Section effective Sept. 1, 1960, see section 11 of Pub. L. 86-682.
18 USC 1734. Editorials and other matter as ''advertisements''
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an editor or publisher, prints in a publication
entered as second class mail, editorial or other reading matter for
which he has been paid or promised a valuable consideration, without
plainly marking the same ''advertisement'' shall be fined not more than
$500.
(Added Pub. L. 86-682, 7, Sept. 2, 1960, 74 Stat. 706.)
Section effective Sept. 1, 1960, see section 11 of Pub. L. 86-682.
18 USC 1735. Sexually oriented advertisements
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever --
(1) willfully uses the mails for the mailing, carriage in the mails,
or delivery of any sexually oriented advertisement in violation of
section 3010 of title 39, or willfully violates any regulations of the
Board of Governors issued under such section; or
(2) sells, leases, rents, lends, exchanges, or licenses the use of,
or, except for the purpose expressly authorized by section 3010 of title
39, uses a mailing list maintained by the Board of Governors under such
section;
shall be fined not more than $5,000 or imprisoned not more than five
years, or both, for the first offense, and shall be fined not more than
$10,000 or imprisoned not more than ten years, or both, for any second
or subsequent offense.
(b) For the purposes of this section, the term ''sexually oriented
advertisement'' shall have the same meaning as given it in section
3010(d) of title 39.
(Added Pub. L. 91-375, 6(j)(37)(A), Aug. 12, 1970, 84 Stat. 781.)
Section effective on first day of sixth month which begins after Aug.
12, 1970, see section 15(b) of Pub. L. 91-375, set out as a note
preceding section 101 of Title 39, Postal Service.
18 USC 1736. Restrictive use of information
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) No information or evidence obtained by reason of compliance by a
natural person with any provision of section 3010 of title 39, or
regulations issued thereunder, shall, except as provided in subsection
(c) of this section, be used, directly or indirectly, as evidence
against that person in a criminal proceeding.
(b) The fact of the performance of any act by an individual in
compliance with any provision of section 3010 of title 39, or
regulations issued thereunder, shall not be deemed the admission of any
fact, or otherwise be used, directly or indirectly, as evidence against
that person in a criminal proceeding, except as provided in subsection
(c) of this section.
(c) Subsections (a) and (b) of this section shall not preclude the
use of any such information or evidence in a prosecution or other action
under any applicable provision of law with respect to the furnishing of
false information.
(Added Pub. L. 91-375, 6(j)(37)(A), Aug. 12, 1970, 84 Stat. 781.)
Section effective on first day of sixth month which begins after Aug.
12, 1970, see section 15(b) of Pub. L. 91-375, set out as a note
preceding section 101 of Title 39, Postal Service.
18 USC 1737. Manufacturer of sexually related mail matter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever shall print, reproduce, or manufacture any sexually
related mail matter, intending or knowing that such matter will be
deposited for mailing or delivery by mail in violation of section 3008
or 3010 of title 39, or in violation of any regulation of the Postal
Service issued under such section, shall be fined not more than $5,000
or imprisoned not more than five years, or both, for the first offense,
and shall be fined not more than $10,000 or imprisoned not more than ten
years, or both, for any second or subsequent offense.
(b) As used in this section, the term ''sexually related mail
matter'' means any matter which is within the scope of section 3008(a)
or 3010(d) of title 39.
(Added Pub. L. 91-375, 6(j)(37)(A), Aug. 12, 1970, 84 Stat. 781.)
Section effective on first day of sixth month which begins after Aug.
12, 1970, see section 15(b) of Pub. L. 91-375, set out as a note
preceding section 101 of Title 39, Postal Service.
18 USC 1738. Mailing private identification documents without a
disclaimer
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, being in the business of furnishing identification
documents for valuable consideration, and in the furtherance of that
business, uses the mails for the mailing, carriage in the mails, or
delivery of, or causes to be transported in interstate or foreign
commerce, any identification document --
(1) which bears a birth date or age purported to be that of the
person named in such identification document; and
(2) knowing that such document fails to carry diagonally printed
clearly and indelibly on both the front and back ''NOT A GOVERNMENT
DOCUMENT'' in capital letters in not less than twelve point type;
shall be fined not more than $1,000, imprisoned not more than one
year, or both.
(b) For purposes of this section the term ''identification document''
means a document which is of a type intended or commonly accepted for
the purpose of identification of individuals and which is not issued by
or under the authority of a government.
(Added Pub. L. 97-398, 4(a), Dec. 31, 1982, 96 Stat. 2011.)
18 USC CHAPTER 84 -- PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,
KIDNAPING, AND ASSAULT
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1751. Presidential and Presidential staff assassination, kidnaping,
and assault; penalties.
1752. Temporary residences and offices of the President and others.
1990 -- Pub. L. 101-647, title XXXV, 3553, Nov. 29, 1990, 104
Stat. 4926, added item 1752.
1982 -- Pub. L. 97-285, 4(b), (c), Oct. 6, 1982, 96 Stat. 1220,
inserted ''and Presidential staff'' after ''Presidential'' in chapter
heading and in item 1751.
18 USC 1751. Presidential and Presidential staff assassination,
kidnaping, and assault; penalties
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever kills (1) any individual who is the President of the
United States, the President-elect, the Vice President, or, if there is
no Vice President, the officer next in the order of succession to the
Office of the President of the United States, the Vice President-elect,
or any person who is acting as President under the Constitution and laws
of the United States, or (2) any person appointed under section
105(a)(2)(A) of title 3 employed in the Executive Office of the
President or appointed under section 106(a)(1)(A) of title 3 employed in
the Office of the Vice President, shall be punished as provided by
sections 1111 and 1112 of this title.
(b) Whoever kidnaps any individual designated in subsection (a) of
this section shall be punished (1) by imprisonment for any term of years
or for life, or (2) by death or imprisonment for any term of years or
for life, if death results to such individual.
(c) Whoever attempts to kill or kidnap any individual designated in
subsection (a) of this section shall be punished by imprisonment for any
term of years or for life.
(d) If two or more persons conspire to kill or kidnap any individual
designated in subsection (a) of this section and one or more of such
persons do any act to effect the object of the conspiracy, each shall be
punished (1) by imprisonment for any term of years or for life, or (2)
by death or imprisonment for any term of years or for life, if death
results to such individual.
(e) Whoever assaults any person designated in subsection (a)(1) shall
be fined not more than $10,000, or imprisoned not more than ten years,
or both. Whoever assaults any person designated in subsection (a)(2)
shall be fined not more than $5,000, or imprisoned not more than one
year, or both; and if personal injury results, shall be fined not more
than $10,000, or imprisoned not more than ten years, or both.
(f) The terms ''President-elect'' and ''Vice-President-elect'' as
used in this section shall mean such persons as are the apparent
successful candidates for the offices of President and Vice President,
respectively, as ascertained from the results of the general elections
held to determine the electors of President and Vice President in
accordance with title 3, United States Code, sections 1 and 2.
(g) The Attorney General of the United States, in his discretion is
authorized to pay an amount not to exceed $100,000 for information and
services concerning a violation of subsection (a)(1). Any officer or
employee of the United States or of any State or local government who
furnishes information or renders service in the performance of his
official duties shall not be eligible for payment under this subsection.
(h) If Federal investigative or prosecutive jurisdiction is asserted
for a violation of this section, such assertion shall suspend the
exercise of jurisdiction by a State or local authority, under any
applicable State or local law, until Federal action is terminated.
(i) Violations of this section shall be investigated by the Federal
Bureau of Investigation. Assistance may be requested from any Federal,
State, or local agency, including the Army, Navy, and Air Force, any
statute, rule, or regulation to the contrary notwithstanding.
(j) In a prosecution for an offense under this section the Government
need not prove that the defendant knew that the victim of the offense
was an official protected by this section.
(k) There is extraterritorial jurisdiction over the conduct
prohibited by this section.
(Added Pub. L. 89-141, 1, Aug. 28, 1965, 79 Stat. 580; amended Pub.
L. 97-285, 3, 4(a), Oct. 6, 1982, 96 Stat. 1220.)
1982 -- Pub. L. 97-285, 4(a), inserted ''and Presidential staff''
after ''Presidential'' in section catchline.
Subsec. (a). Pub. L. 97-285, 3(a), inserted ''(1)'' after ''Whoever
kills'' and ''or (2) any person appointed under section 105(a)(2)(A) of
title 3 employed in the Executive Office of the President or appointed
under section 106(a)(1)(A) of title 3 employed in the Office of the Vice
President,'' after ''laws of the United States''.
Subsec. (e). Pub. L. 97-285, 3(b), substituted ''(a)(1)'' for
''(a)'' and inserted provision that whoever assaults any person
designated in subsec. (a)(2) of this section shall be fined not more
than $5,000, or imprisoned not more than one year, or both; and if
personal injury results, shall be fined not more than $10,000, or
imprisoned not more than ten years, or both.
Subsec. (g). Pub. L. 97-285, 3(c), substituted ''subsection (a)(1)''
for ''this section'' after ''a violation of''.
Subsecs. (j), (k). Pub. L. 97-285, 3(d), added subsecs. (j) and
(k).
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC 1752. Temporary residences and offices of the President and
others
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It shall be unlawful for any person or group of persons --
(1) willfully and knowingly to enter or remain in
(i) any building or grounds designated by the Secretary of the
Treasury as temporary residences of the President or other person
protected by the Secret Service or as temporary offices of the President
and his staff or of any other person protected by the Secret Service, or
(ii) any posted, cordoned off, or otherwise restricted area of a
building or grounds where the President or other person protected by the
Secret Service is or will be temporarily visiting,
in violation of the regulations governing ingress or egress thereto:
(2) with intent to impede or disrupt the orderly conduct of
Government business or official functions, to engage in disorderly or
disruptive conduct in, or within such proximity to, any building or
grounds designated in paragraph (1) when, or so that, such conduct, in
fact, impedes or disrupts the orderly conduct of Government business or
official functions;
(3) willfully and knowingly to obstruct or impede ingress or egress
to or from any building, grounds, or area designated or enumerated in
paragraph (1); or
(4) willfully and knowingly to engage in any act of physical violence
against any person or property in any building, grounds, or area
designated or enumerated in paragraph (1).
(b) Violation of this section, and attempts or conspiracies to commit
such violations, shall be punishable by a fine not exceeding $500 or
imprisonment not exceeding six months, or both.
(c) Violation of this section, and attempts or conspiracies to commit
such violations, shall be prosecuted by the United States attorney in
the Federal district court having jurisdiction of the place where the
offense occurred.
(d) The Secretary of the Treasury is authorized --
(1) to designate by regulations the buildings and grounds which
constitute the temporary residences of the President or other person
protected by the Secret Service and the temporary offices of the
President and his staff or of any other person protected by the Secret
Service, and
(2) to prescribe regulations governing ingress or egress to such
buildings and grounds and to posted, cordoned off, or otherwise
restricted areas where the President or other person protected by the
Secret Service is or will be temporarily visiting.
(e) None of the laws of the United States or of the several States
and the District of Columbia shall be superseded by this section.
(f) As used in this section, the term ''other person protected by the
Secret Service'' means any person whom the United States Secret Service
is authorized to protect under section 3056 of this title when such
person has not declined such protection.
(Added Pub. L. 91-644, title V, 18, Jan. 2, 1971, 84 Stat. 1891;
amended Pub. L. 97-308, 1, Oct. 14, 1982, 96 Stat. 1451; Pub. L.
98-587, 3(b), Oct. 30, 1984, 98 Stat. 3112.)
1984 -- Subsec. (f). Pub. L. 98-587 amended subsec. (f) generally,
substituting ''any person whom the United States Secret Service is
authorized to protect under section 3056 of this title when such person
has not declined such protection'' for ''any person authorized by
section 3056 of this title or by Public Law 90-331, as amended, to
receive the protection of the United States Secret Service when such
person has not declined such protection pursuant to section 3056 of this
title or pursuant to Public Law 90-331, as amended''.
1982 -- Pub. L. 97-308, 1(a), substituted ''Temporary residences
and offices of the President and others'' for ''Temporary residence of
the President'' in section catchline.
Subsec. (a)(1)(i). Pub. L. 97-308, 1(b), made one's presence
unlawful at designated temporary residences and temporary offices of any
other person protected by the Secret Service.
Subsec. (a)(1)(ii). Pub. L. 97-308, 1(c), inserted ''or other person
protected by the Secret Service'' after ''President''.
Subsec. (d)(1). Pub. L. 97-308, 1(d), authorized regulations for
designation of the temporary residences and the temporary offices of any
other person protected by the Secret Service.
Subsec. (d)(2). Pub. L. 97-308, 1(e), inserted ''or other person
protected by the Secret Service'' after ''President''.
Subsec. (f). Pub. L. 97-308, 1(f), added subsec. (f).
18 USC CHAPTER 85 -- PRISON-MADE GOODS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1761. Transportation or importation.
1762. Marking packages.
18 USC 1761. Transportation or importation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly transports in interstate commerce or from any
foreign country into the United States any goods, wares, or merchandise
manufactured, produced, or mined, wholly or in part by convicts or
prisoners, except convicts or prisoners on parole, supervised release,
or probation, or in any penal or reformatory institution, shall be fined
not more than $50,000 or imprisoned not more than two years, or both.
(b) This chapter shall not apply to agricultural commodities or parts
for the repair of farm machinery, nor to commodities manufactured in a
Federal, District of Columbia, or State institution for use by the
Federal Government, or by the District of Columbia, or by any State or
Political subdivision of a State.
(c) In addition to the exceptions set forth in subsection (b) of this
section, this chapter shall not apply to goods, wares, or merchandise
manufactured, produced, or mined by convicts or prisoners who --
(1) are participating in -- one of not more than 50 non-Federal
prison work pilot projects designated by the Director of the Bureau of
Justice Assistance; and /1/
(2) have, in connection with such work, received wages at a rate
which is not less than that paid for work of a similar nature in the
locality in which the work was performed, except that such wages may be
subject to deductions which shall not, in the aggregate, exceed 80 per
centum of gross wages, and shall be limited as follows:
(A) taxes (Federal, State, local);
(B) reasonable charges for room and board, as determined by
regulations issued by the chief State correctional officer, in the case
of a State prisoner. /2/
(C) allocations for support of family pursuant to State statute,
court order, or agreement by the offender;
(D) contributions to any fund established by law to compensate the
victims of crime of not more than 20 per centum but not less than 5 per
centum of gross wages;
(3) have not solely by their status as offenders, been deprived of
the right to participate in benefits made available by the Federal or
State Government to other individuals on the basis of their employment,
such as workmen's compensation. However, such convicts or prisoners
shall not be qualified to receive any payments for unemployment
compensation while incarcerated, notwithstanding any other provision of
the law to the contrary; /1/
(4) have participated in such employment voluntarily and have agreed
in advance to the specific deductions made from gross wages pursuant to
this section, and all other financial arrangements as a result of
participation in such employment.
(June 25, 1948, ch. 645, 62 Stat. 785; June 19, 1968, Pub. L.
90-351, title I, 819(a), formerly 827(a), as added Dec. 27, 1979, Pub.
L. 96-157, 2, 93 Stat. 1215, and renumbered Oct. 12, 1984, Pub. L.
98-473, title II, 609B(f), 98 Stat. 2093; Oct. 12, 1984, Pub. L.
98-473, title II, 223(c), 609K, 98 Stat. 2028, 2102; Apr. 2, 1987,
Pub. L. 100-17, title I, 112(b)(3), 101 Stat. 149; Nov. 29, 1990, Pub.
L. 101-647, title XXIX, 2906, 104 Stat. 4914; Oct. 6, 1992, Pub. L.
102-393, title V, 535(a), 106 Stat. 1764.)
Based on title 18, U.S.C., 1940 ed., 396a, 396b (July 24, 1935, ch.
412, 1, 49 Stat. 494; Oct. 14, 1940, ch. 872, 54 Stat. 1134; July 9,
1941, ch. 283, 55 Stat. 581).
Section consolidates sections 396a and 396b of title 18, U.S.C., 1940
ed. Each section related to the same subject matter and defined the
same offense. Section 396a of title 18, U.S.C., 1940 ed., was enacted
later and superseded section 396b of title 18, U.S.C., 1940 ed.
Reference to persons aiding, causing or assisting was omitted. Such
persons are principals under section 2 of this title.
Reference to states, territories, specific places, etc., were
omitted. This was made possible by insertion of words ''interstate
commerce or from any foreign country into the United States,'' and by
definitive section 10 of this title.
Subsection (b) was rewritten to eliminate ambiguity and uncertainty
by expressly making the exceptive language apply to the entire chapter
and by permitting State institutions to manufacture goods for the
Federal Government and the District of Columbia and vice versa. In such
subsections, the words ''penal and correctional'' and ''penal or
correctional,'' preceding ''institutions'' and ''institution,''
respectively, were omitted as surplusage.
Minor changes in phraseology were made.
1992 -- Subsec. (a). Pub. L. 102-393 substituted ''$50,000'' for
''$1,000'' and ''two years'' for ''one year''.
1990 -- Subsec. (c). Pub. L. 101-647, 2906(1), (2), substituted
''In addition to the exceptions set forth in subsection (b) of this
section, this chapter shall not apply to goods, wares, or merchandise
manufactured, produced, or mined by convicts or prisoners who'' for ''In
addition to the exceptions set forth in subsection (b) of this section,
this chapter shall also not apply to goods, wares, or merchandise
manufactured, produced, or mined by convicts or prisoners participating
in a program of not more than twenty pilot projects designated by the
Director of the Bureau of Justice Assistance and who'' in introductory
provisions, added par. (1), and redesignated former pars. (1) to (3)
as (2) to (4), respectively.
Subsec. (c)(2)(B). Pub. L. 101-647, 2906(3), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows:
''reasonable charges for room and board as determined by regulations
which shall be issued by the Chief State correctional officer;''.
1987 -- Subsec. (d). Pub. L. 100-17 struck out subsec. (d) which
read as follows: ''Notwithstanding any law to the contrary, materials
produced by convict labor may be used in the construction of any
highways or portion of highways located on Federal-aid systems, as
described in section 103 of title 23, United States Code.''
1984 -- Subsec. (a). Pub. L. 98-473, 223(c), inserted '',
supervised release,'' after ''parole''.
Subsec. (c). Pub. L. 98-473, 609K(a), substituted ''twenty'' for
''seven'' and ''Director of the Bureau of Justice Assistance'' for
''Administrator of the Law Enforcement Assistance Administration''.
Subsec. (d). Pub. L. 98-473, 609K(b), added subsec. (d).
1979 -- Subsec. (c). Pub. L. 90-351 added subsec. (c).
Amendment by section 223(c) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
Section 2908 of Pub. L. 101-647 provided that: ''The Secretary of
Labor shall submit to the Congress not later than March 1, 1991, and not
less often than annually thereafter, reports which describe in detail
the extent and manner of compliance by State Prison Industry Enhancement
Certification programs with the requirements set forth in 18 U.S.C.
1761(c).''
Pub. L. 90-351, title I, 819(c), formerly 827(c), as added Pub. L.
96-157, 2, Dec. 27, 1979, 93 Stat. 1215, renumbered and amended Pub.
L. 98-473, title II, 609B(f), (o), Oct. 12, 1984, 98 Stat. 2093,
2096, provided that: ''The provisions of section 1761 of title 18,
United States Code, and of the first section of the Act of June 30, 1936
(49 Stat. 2036; 41 U.S.C. 35), commonly known as the Walsh-Healey Act,
creating exemptions to Federal restrictions on marketability of
prison-made goods, as amended from time to time, shall not apply unless
--
''(1) representatives of local union central bodies or similar labor
union organizations have been consulted prior to the initiation of any
project qualifying of any exemption created by this section; and
''(2) such paid inmate employment will not result in the displacement
of employed workers, or be applied in skills, crafts, or trades in which
there is a surplus of available gainful labor in the locality, or impair
existing contracts for services.''
Applicability of section to Canal Zone, see section 14 of this title.
Divesting prison-made goods of interstate character, see section
11507 of Title 49, Transportation.
Forfeiture of goods, see section 1762 of this title.
Jurisdiction and venue of offenses begun in one district and
completed in another, see section 3237 of this title.
/1/ So in original. The word ''and'' probably should appear at end
of par. (3) rather than at end of par. (1).
/2/ So in original. The period probably should be a semicolon.
18 USC 1762. Marking packages
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) All packages containing any goods, wares, or merchandise
manufactured, produced, or mined wholly or in part by convicts or
prisoners, except convicts or prisoners on parole or probation, or in
any penal or reformatory institution, when shipped or transported in
interstate or foreign commerce shall be plainly and clearly marked, so
that the name and address of the shipper, the name and address of the
consignee, the nature of the contents, and the name and location of the
penal or reformatory institution where produced wholly or in part may be
readily ascertained on an inspection of the outside of such package.
(b) Whoever violates this section shall be fined not more than
$50,000, and any goods, wares, or merchandise transported in violation
of this section or section 1761 of this title shall be forfeited to the
United States, and may be seized and condemned by like proceedings as
those provided by law for the seizure and forfeiture of property
imported into the United States contrary to law.
(June 25, 1948, ch. 645, 62 Stat. 786; Oct. 6, 1992, Pub. L.
102-393, title V, 535(b), 106 Stat. 1764.)
Based on title 18, U.S.C., 1940 ed., 396c, 396d, 396e (July 24,
1935, ch. 412, 2, 3, 4, 49 Stat. 494, 495).
Section consolidates sections 396c, 396d, and 396e of title 18,
U.S.C., 1940 ed.
Words ''upon conviction thereof'' were deleted as unnecessary, since
punishment cannot be imposed until after conviction.
Words ''transported in violation of this section or section 1761''
were added after the word ''merchandise'' to continue existing law.
The provisions of said section 396e of title 18, U.S.C., 1940 ed.,
relating to venue, were omitted as covered by section 3237 of this
title.
Minor changes were made in translations and phraseology.
1992 -- Subsec. (b). Pub. L. 102-393 substituted ''$50,000'' for
''$1,000''.
Divesting prison made goods of interstate character, see section
11507 of Title 49, Transportation.
Jurisdiction and venue of offenses begun in one district and
completed in another, see section 3237 of this title.
18 USC CHAPTER 87 -- PRISONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1791. Providing or possessing contraband in prison.
1792. Mutiny and riot prohibited.
1793. Trespass on Bureau of Prisons reservations and land.
1986 -- Pub. L. 99-646, 64(b), Nov. 10, 1986, 100 Stat. 3614,
added item 1793.
1984 -- Pub. L. 98-473, title II, 1109(c), Oct. 12, 1984, 98 Stat.
2148, amended analysis generally by revising items 1791 and 1792, and
by inserting a second chapter heading which was not executed to text as
redundant.
Escape and rescue, see section 751 et seq. of this title.
18 USC 1791. Providing or possessing contraband in prison
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Offense. -- Whoever --
(1) in violation of a statute or a rule or order issued under a
statute, provides to an inmate of a prison a prohibited object, or
attempts to do so; or
(2) being an inmate of a prison, makes, possesses, or obtains, or
attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
(b) Punishment. -- The punishment for an offense under this section
is a fine under this title or --
(1) imprisonment for not more than 20 years, or both, if the object
is specified in subsection (d)(1)(C) of this section;
(2) imprisonment for not more than 10 years, or both, if the object
is specified in subsection (c)(1)(A) of this section;
(3) imprisonment for not more than 5 years, or both, if the object is
specified in subsection (c)(1)(B) of this section;
(4) imprisonment for not more than one year, or both, if the object
is specified in subsection (c)(1)(D) or (c)(1)(E) of this section; and
(5) imprisonment for not more than 6 months, or both, if the object
is specified in subsection (c)(1)(F) of this section.
(c) Any punishment imposed under subsection (b) for a violation of
this section by an inmate of a prison shall be consecutive to the
sentence being served by such inmate at the time the inmate commits such
violation.
(d) Definitions. -- As used in this section --
(1) the term ''prohibited object'' means --
(A) a firearm or destructive device;
(B) ammunition, a weapon (other than a firearm or destructive
device), or an object that is designed or intended to be used as a
weapon or to facilitate escape from a prison;
(C) a narcotic drug, lysergic acid diethylamide, or phencyclidine;
(D) a controlled substance (other than a controlled substance
referred to in subparagraph (C) of this subsection) or an alcoholic
beverage;
(E) any United States or foreign currency; and
(F) any other object that threatens the order, discipline, or
security of a prison, or the life, health, or safety of an individual;
(2) the terms ''ammunition'', ''firearm'', and ''destructive device''
have, respectively, the meanings given those terms in section 921 of
this title;
(3) the terms ''controlled substance'' and ''narcotic drug'' have,
respectively, the meanings given those terms in section 102 of the
Controlled Substances Act (21 U.S.C. 802); and
(4) the term ''prison'' means a Federal correctional, detention, or
penal facility.
(June 25, 1948, ch. 645, 62 Stat. 786; Oct. 12, 1984, Pub. L.
98-473, title II, 1109(a), 98 Stat. 2147; Nov. 10, 1986, Pub. L.
99-646, 52(a), 100 Stat. 3606; Nov. 18, 1988, Pub. L. 100-690, title
VI, 6468(a), (b), 102 Stat. 4376.)
Based on title 18, U.S.C., 1940 ed., 753j, 908 (May 14, 1930, ch.
274, 11, 46 Stat. 327; May 27, 1930, ch. 339, 8, 46 Stat. 390).
Section consolidates sections 753j and 908 of title 18, U.S.C., 1940
ed. The section was broadened to include the taking or sending out of
contraband from the institution. This was suggested by representatives
of the Federal Bureau of Prisons and the Criminal Division of the
Department of Justice. In other respects the section was rewritten
without change of substance.
The words ''narcotic'', ''drug'', ''weapon'' and ''contraband'' were
omitted, since the insertion of the words ''contrary to any rule or
regulation promulgated by the attorney general'' preserves the intent of
the original statutes.
Words ''guilty of a felony'' were deleted as unnecessary in view of
definitive section 1 of this title. (See also reviser's note under
section 550 of this title.)
Minor verbal changes also were made.
1988 -- Subsec. (b). Pub. L. 100-690, 6468(a), added par. (1),
redesignated former pars. (1) to (4) as (2) to (5), respectively, and
struck out ''or (c)(1)(C)'' after ''subsection (c)(1)(B)'' in par. (3)
as redesignated.
Subsecs. (c), (d). Pub. L. 100-690, 6468(b), added subsec. (c) and
redesignated former subsec. (c) as (d).
1986 -- Pub. L. 99-646 amended section generally. Prior to
amendment, section read as follows:
''(a) Offense. -- A person commits an offense if, in violation of a
statute, or a regulation, rule, or order issued pursuant thereto --
''(1) he provides, or attempts to provide, to an inmate of a Federal
penal or correctional facility --
''(A) a firearm or destructive device;
''(B) any other weapon or object that may be used as a weapon or as a
means of facilitating escape;
''(C) a narcotic drug as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802);
''(D) a controlled substance, other than a narcotic drug, as defined
in section 102 of the Controlled Substances Act (21 U.S.C. 802), or an
alcoholic beverage;
''(E) United States currency; or
''(F) any other object; or
''(2) being an inmate of a Federal penal or correctional facility, he
makes, possesses, procures, or otherwise provides himself with, or
attempts to make, possess, procure, or otherwise provide himself with,
anything described in paragraph (1).
''(b) Grading. -- An offense described in this section is punishable
by --
''(1) imprisonment for not more than ten years, a fine of not more
than $25,000, or both, if the object is anything set forth in paragraph
(1)(A);
''(2) imprisonment for not more than five years, a fine of not more
than $10,000, or both, if the object is anything set forth in paragraph
(1)(B) or (1)(C);
''(3) imprisonment for not more than one year, a fine of not more
than $5,000, or both, if the object is anything set forth in paragraph
(1)(D) or (1)(E); and
''(4) imprisonment for not more than six months, a fine of not more
than $1,000, or both, if the object is any other object.
''(c) Definitions. -- As used in this section, 'firearm' and
'destructive device' have the meaning given those terms, respectively,
in 18 U.S.C. 921(a)(3) and (4).''
1984 -- Pub. L. 98-473 substituted provisions relating to providing
or possessing contraband in prison, grading of offenses and definitions
of ''firearm'' and ''destructive device'' for former provisions relating
to traffic in contraband articles.
Section 52(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect 30 days after
the date of the enactment of this Act (Nov. 10, 1986).''
Bureau of Prisons employees, power to arrest without warrant for
violations of this section, see section 3050 of this title.
18 USC 1792. Mutiny and riot prohibited
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever instigates, connives, willfully attempts to cause, assists,
or conspires to cause any mutiny or riot, at any Federal penal,
detention, or correctional facility, shall be imprisoned not more than
ten years or fined not more than $25,000, or both.
(June 25, 1948, ch. 645, 62 Stat. 786; Oct. 12, 1984, Pub. L.
98-473, title II, 1109(b), 98 Stat. 2148; Nov. 10, 1986, Pub. L.
99-646, 53(a), 100 Stat. 3607.)
Based on title 18, U.S.C., 1940 ed., 252 (May 18, 1934, ch. 303, 1,
48 Stat. 782).
Escape provisions of this section were incorporated in section 752 of
this title.
Reference to persons causing, procuring, aiding and assisting was
omitted. Such persons are principals under section 2 of this title.
Minor changes were made in translation and phraseology.
1986 -- Pub. L. 99-646 inserted '', detention,'' after ''penal''.
1984 -- Pub. L. 98-473 substituted provisions deleting prohibition
on bringing dangerous instrumentalities into prison and inserted
provision setting forth a maximum $25,000 fine.
Section 53(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect 30 days after
the enactment of this Act (Nov. 10, 1986).''
Bureau of Prisons employees, power to arrest without warrant for
violations of this section, see section 3050 of this title.
18 USC 1793. Trespass on Bureau of Prisons reservations and land
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, without lawful authority or permission, goes upon a
reservation, land, or a facility of the Bureau of Prisons shall be fined
not more than $500 or imprisoned not more than six months, or both.
(Added Pub. L. 99-646, 64(a), Nov. 10, 1986, 100 Stat. 3614.)
18 USC CHAPTER 89 -- PROFESSIONS AND OCCUPATIONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1821. Transportation of dentures.
18 USC 1821. Transportation of dentures
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever transports by mail or otherwise to or within the District of
Columbia, the Canal Zone or any Possession of the United States or uses
the mails or any instrumentality of interstate commerce for the purpose
of sending or bringing into any State or Territory any set of artificial
teeth or prosthetic dental appliance or other denture, constructed from
any cast or impression made by any person other than, or without the
authorization or prescription of, a person licensed to practice
dentistry under the laws of the place into which such denture is sent or
brought, where such laws prohibit:
(1) the taking of impressions or casts of the human mouth or teeth by
a person not licensed under such laws to practice dentistry;
(2) the construction or supply of dentures by a person other than, or
without the authorization or prescription of, a person licensed under
such laws to practice dentistry; or
(3) the construction or supply of dentures from impressions or casts
made by a person not licensed under such laws to practice dentistry --
Shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 786.)
Based on title 18, U.S.C., 1940 ed., 420f, 420g, and 420h (Dec.
24, 1942, ch. 823, 1, 2, 3, 56 Stat. 1087).
This section consolidates the offense, penalty, and definitive
provisions of sections 420f, 420g, and 420h of title 18, U.S.C., 1940
ed., as subsections (a) and (b).
The definition of ''denture'' was omitted as unnecessary in view of
the phraseology of the revised section, the context of which makes clear
the meaning of dentures referred to.
The definition of ''Territory'' was omitted as unnecessary. The
revised section makes clear the places included in the application of
the section without the use of definitions.
The definition of ''Interstate Commerce'' was likewise omitted as
unnecessary in view of definition of interstate commerce in section 10
of this title.
Changes of phraseology and arrangement were made, but without change
of substance.
For definition of Canal Zone, referred to in text, see section
3602(b) of Title 22, Foreign Relations and Intercourse.
Applicability of section to Canal Zone, see section 14 of this title.
Jurisdiction and venue of offenses begun in one district and
completed in another, see section 3237 of this title.
18 USC CHAPTER 91 -- PUBLIC LANDS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1851. Coal depredations.
1852. Timber removed or transported.
1853. Trees cut or injured.
1854. Trees boxed for pitch or turpentine.
1855. Timber set afire.
1856. Fires left unattended and unextinguished.
1857. Fences destroyed; livestock entering.
1858. Survey marks destroyed or removed.
1859. Surveys interrupted.
1860. Bids at land sales.
1861. Deception of prospective purchasers.
(1862. Repealed.)
1863. Trespass on national forest lands.
1864. Hazardous or injurious devices on Federal lands.
1990 -- Pub. L. 101-647, title XXXV, 3554, Nov. 29, 1990, 104
Stat. 4927, struck out item 1862 ''Trespass on Bull Run National
Forest''.
1988 -- Pub. L. 100-690, title VI, 6254(g), Nov. 18, 1988, 102
Stat. 4367, added item 1864.
1949 -- Act May 24, 1949, ch. 139, 41, 63 Stat. 95, substituted in
analysis ''1859'' for ''1959'', and added item 1863.
18 USC 1851. Coal depredations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever mines or removes coal of any character, whether anthracite,
bituminous, or lignite, from beds or deposits in lands of, or reserved
to the United States, with intent wrongfully to appropriate, sell, or
dispose of the same, shall be fined not more than $1,000 or imprisoned
not more than one year, or both.
This section shall not interfere with any right or privilege
conferred by existing laws of the United States.
(June 25, 1948, ch. 645, 62 Stat. 787.)
Based on title 18, U.S.C., 1940 ed., 103a, 103b (July 3, 1926, ch.
780, 1, 2, 44 Stat. 891).
Section consolidates sections 103a and 103b of title 18, U.S.C., 1940
ed.
Words ''deemed guilty of misdemeanor'' were deleted as unnecessary in
view of definitive section 1 of this title. (See also reviser's note
under section 212 of this title.)
Minor changes were made in phraseology.
Entry on coal lands in general, see section 71 et seq. of Title 30,
Mineral Lands and Mining.
Entry under nonmineral land laws of coal lands with reservation of
coal to United States, see section 81 et seq. of Title 30.
Lease of mineral deposits within acquired lands, see section 351 et
seq. of Title 30.
Leases and prospecting permits on lands containing coal, see sections
181 et seq., 201 et seq., of Title 30.
18 USC 1852. Timber removed or transported
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever cuts, or wantonly destroys any timber growing on the public
lands of the United States; or
Whoever removes any timber from said public lands, with intent to
export or to dispose of the same; or
Whoever, being the owner, master, pilot, operator, or consignee of
any vessel, motor vehicle, or aircraft or the owner, director, or agent
of any railroad, knowingly transports any timber so cut or removed from
said lands, or lumber manufactured therefrom --
Shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
This section shall not prevent any miner or agriculturist from
clearing his land in the ordinary working of his mining claim, or in the
preparation of his farm for tillage, or from taking the timber necessary
to support his improvements, or the taking of timber for the use of the
United States; nor shall it interfere with or take away any right or
privilege under any existing law of the United States to cut or remove
timber from any public lands.
(June 25, 1948, ch. 645, 62 Stat. 787.)
Based on title 18, U.S.C., 1940 ed., 103 (Mar. 4, 1909, ch. 321,
49, 35 Stat. 1098).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Words ''motor vehicle or aircraft'' were inserted in third paragraph
to remove any doubt as to scope of section in view of rapidly advancing
methods of transportation.
Minor changes were made in phraseology.
Cutting, destroying, or removing timber --
Crater Lake National Park, see section 123 of Title 16, Conservation.
Glacier National Park, see sections 162, 162a, and 167 of Title 16.
Indian lands, removal from, see section 196 of Title 25, Indians.
Mineral lands, see sections 604 to 606 of Title 16, Conservation.
National parks in general, see section 3 of Title 16.
Notice of unlawful cutting, see section 605 of Title 16.
Penalty for unlawful cutting, see section 606 of Title 16.
Permits to cut for agricultural, mining or domestic purposes, see
sections 45c, 604, 607 to 613 of Title 16.
Purpose of cutting, effect on criminality of act, see section 607 of
Title 16.
Transferee of functions of register and receiver of local land office
as required to ascertain legality of cutting or use, see section 605 of
Title 16.
Yellowstone National Park, see section 38 of Title 16.
Yosemite National Park, regulations, see section 53 of Title 16.
Seizure of timber exported from Territories of United States, see
section 602 of Title 16.
Transportation of timber produced by railroad not forbidden, see
section 10746 of Title 49, Transportation.
18 USC 1853. Trees cut or injured
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever unlawfully cuts, or wantonly injures or destroys any tree
growing, standing, or being upon any land of the United States which, in
pursuance of law, has been reserved or purchased by the United States
for any public use, or upon any Indian reservation, or lands belonging
to or occupied by any tribe of Indians under the authority of the United
States, or any Indian allotment while the title to the same shall be
held in trust by the Government, or while the same shall remain
inalienable by the allottee without the consent of the United States,
shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 787.)
Based on title 18, U.S.C., 1940 ed., 104 (Mar. 4, 1909, ch. 321,
50, 35 Stat. 1098; June 25, 1910, ch. 431, 6, 36 Stat. 857).
Reference to persons aiding or procuring was deleted as unnecessary
since such persons are made principals by section 2 of this title.
Maximum fine was increased from $500 to $1,000 to conform to other
comparable sections of this chapter. (See sections 1851 and 1852 of
this title.)
Minor changes were also made in phraseology.
General provisions relating to Indian lands and reservations, see
Title 25, Indians.
Protection of national forests and violation of rules and regulations
relating thereto, see section 551 of Title 16, Conservation.
18 USC 1854. Trees boxed for pitch or turpentine
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever cuts, chips, chops, or boxes any tree upon any lands
belonging to the United States, or upon any lands covered by or embraced
in any unperfected settlement, application, filing, entry, selection, or
location, made under any law of the United States, for the purpose of
obtaining from such tree any pitch, turpentine, or other substance; or
Whoever buys, trades for, or in any manner acquires any pitch,
turpentine, or other substance, or any article or commodity made from
any such pitch, turpentine, or other substance, with knowledge that the
same has been so unlawfully obtained --
Shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 788.)
Based on title 18, U.S.C., 1940 ed., 105 (Mar. 4, 1909, ch. 321,
51, 35 Stat. 1098).
Reference to persons aiding, encouraging, or causing was deleted as
unnecessary since such persons are made principals by section 2 of this
title.
Maximum fine was increased from $500 to $1,000 to conform to other
comparable sections of this chapter. (See sections 1851 and 1852 of
this title.)
Minor changes also were made in phraseology.
18 USC 1855. Timber set afire
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, willfully and without authority, sets on fire any timber,
underbrush, or grass or other inflammable material upon the public
domain or upon any lands owned or leased by or under the partial,
concurrent, or exclusive jurisdiction of the United States, or under
contract for purchase or for the acquisition of which condemnation
proceedings have been instituted, or upon any Indian reservation or
lands belonging to or occupied by any tribe or group of Indians under
authority of the United States, or upon any Indian allotment while the
title to the same shall be held in trust by the Government, or while the
same shall remain inalienable by the allottee without the consent of the
United States, shall be fined under this title or imprisoned not more
than five years, or both.
This section shall not apply in the case of a fire set by an allottee
in the reasonable exercise of his proprietary rights in the allotment.
(June 25, 1948, ch. 645, 62 Stat. 788; Nov. 18, 1988, Pub. L.
100-690, title VI, 6254(j), 102 Stat. 4368.)
Based on title 18, U.S.C., 1940 ed., 106 (Mar. 4, 1909, ch. 321,
52, 35 Stat. 1098; Nov. 15, 1941, ch. 472, 1, 55 Stat. 763).
Surplus verbiage and unnecessary enumerations were omitted.
Words ''without authority'' were inserted near beginning of section
so as to remove any doubt as to scope or meaning of section.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor verbal changes were made.
1988 -- Pub. L. 100-690 substituted ''under this title'' for ''not
more than $5,000'' in first par.
Protection against fires, see section 594 of Title 16, Conservation.
18 USC 1856. Fires left unattended and unextinguished
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having kindled or caused to be kindled, a fire in or near
any forest, timber, or other inflammable material upon any lands owned,
controlled or leased by, or under the partial, concurrent, or exclusive
jurisdiction of the United States, including lands under contract for
purchase or for the acquisition of which condemnation proceedings have
been instituted, and including any Indian reservation or lands belonging
to or occupied by any tribe or group of Indians under the authority of
the United States, or any Indian allotment while the title to the same
is held in trust by the United States, or while the same shall remain
inalienable by the allottee without the consent of the United States,
leaves said fire without totally extinguishing the same, or permits or
suffers said fire to burn or spread beyond his control, or leaves or
suffers said fire to burn unattended, shall be fined not more than $500
or imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 788.)
Based on title 18, U.S.C., 1940 ed., 107 (Mar. 4, 1909, ch. 321,
53, 35 Stat. 1908; June 25, 1910, ch. 431, 6, 36 Stat. 857; Nov. 15,
1941, ch. 472, 2, 55 Stat. 764).
Words ''without hard labor'' which followed ''six months'' and
preceded ''or both'' were omitted as unnecessary. (See reviser's note
under section 1 of this title.)
Enumeration of applicable condemnation statutes was deleted and
section extended and made applicable to all lands in process of
condemnation by the government. This does no violence to the intent of
Congress and clarifies the section considerably.
Other changes in phraseology were made.
18 USC 1857. Fences destroyed; livestock entering
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly and unlawfully breaks, opens, or destroys any gate,
fence, hedge, or wall inclosing any lands of the United States reserved
or purchased for any public use; or
Whoever drives any cattle, horses, hogs, or other livestock upon any
such lands for the purposes of destroying the grass or trees on said
lands, or where they may destroy the said grass or trees; or
Whoever knowingly permits his cattle, horses, hogs, or other
livestock to enter through any such inclosure upon any such lands of the
United States, where such cattle, horses, hogs, or other livestock may
or can destroy the grass or trees or other property of the United States
on the said lands --
Shall be fined not more than $500 or imprisoned not more than one
year, or both.
This section shall not apply to unreserved public lands.
(June 25, 1948, ch. 645, 62 Stat. 788.)
Based on title 18, U.S.C., 1940 ed., 111 (Mar. 4, 1909, ch. 321,
56, 35 Stat. 1099).
Minor changes were made in phraseology.
Driving stock to feed on Indian lands, see section 179 of Title 25,
Indians.
Grazing lands, see section 315 et seq. of Title 43, Public Lands.
Provisions relating to fences and grazing generally, see Title 16,
Conservation.
18 USC 1858. Survey marks destroyed or removed
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully destroys, defaces, changes, or removes to another
place any section corner, quarter-section corner, or meander post, on
any Government line of survey, or willfully cuts down any witness tree
or any tree blazed to mark the line of a Government survey, or willfully
defaces, changes, or removes any monument or bench mark of any
Government survey, shall be fined not more than $250 or imprisoned not
more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 789.)
Based on title 18, U.S.C., 1940 ed., 111 (Mar. 4, 1909, ch. 321,
57, 35 Stat. 1099).
Minor changes were made in phraseology.
Survey of public lands, see section 751 et seq. of Title 43, Public
Lands.
18 USC 1859. Surveys interrupted
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, by threats or force, interrupts, hinders, or prevents the
surveying of the public lands, or of any private land claim which has
been or may be confirmed by the United States, by the persons authorized
to survey the same in conformity with the instructions of the Director
of the Bureau of Land Management, shall be fined not more than $3,000 or
imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 789; May 24, 1949, ch. 139, 42,
63 Stat. 95.)
Based on title 18, U.S.C., 1940 ed., 112 (Mar. 4, 1909, ch. 321,
58, 35 Stat. 1099).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
This section (section 42) substitutes, in section 1859 of title 18,
U.S.C., ''Director of the Bureau of Land Management'' for ''Commissioner
of the General Land Office,'' in view of the abolishment of the General
Land Office, and the office of Commissioner thereof, by 1946
Reorganization Plan No. 3, 403, effective July 16, 1946 (11 F.R.
7876). Such plan consolidated the functions of the General Land Office
and of the Grazing Service to form a new agency, the Bureau of Land
Management, in the Department of the Interior and headed by a Director.
1949 -- Act May 24, 1949, substituted ''Director of the Bureau of
Land Management'' for ''Commissioner of the General Land Office''.
18 USC 1860. Bids at land sales
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever bargains, contracts, or agrees, or attempts to bargain,
contract, or agree with another that such other shall not bid upon or
purchase any parcel of lands of the United States offered at public
sale; or
Whoever, by intimidation, combination, or unfair management, hinders,
prevents, or attempts to hinder or prevent, any person from bidding upon
or purchasing any tract of land so offered for sale --
Shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 789.)
Based on title 18, U.S.C., 1940 ed., 113 (Mar. 4, 1909, ch. 321,
59, 35 Stat. 1099).
Imprisonment provision was reduced from ''two years'' to ''one
year,'' thus placing the offense in the category of misdemeanors which
may be prosecuted on information. The lesser punishment seems adequate.
Minor changes were made in phraseology and arrangement.
18 USC 1861. Deception of prospective purchasers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, for a reward paid or promised to him in that behalf,
undertakes to locate for an intending purchaser, settler, or entryman
any public lands of the United States subject to disposition under the
public-land laws, and who willfully and falsely represents to such
intending purchaser, settler, or entryman that any tract of land shown
to him is public land of the United States subject to sale, settlement,
or entry, or that it is of a particular surveyed description, with
intent to deceive the person to whom such representation is made, or
who, in reckless disregard of the truth, falsely represents to any such
person that any tract of land shown to him is public land of the United
States subject to sale, settlement, or entry, or that it is of a
particular surveyed description, thereby deceiving the person to whom
such representation is made, shall be fined not more than $300 or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 789.)
Based on title 18, U.S.C., 1940 ed., 114 (Feb. 23, 1917, ch. 115, 39
Stat. 936).
Words ''deemed guilty of a misdemeanor and'' which preceded
''punished'' were omitted as unnecessary in view of definitive section 1
of this title.
Minor changes were made in phraseology.
The public-land laws, referred to in text, are classified generally
to Title 43, Public Lands.
18 USC ( 1862. Repealed. Pub. L. 95-200, 3(c), Nov. 23, 1977, 91
Stat. 1428)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 789, imposed a fine
of not more than $500 or imprisonment of not more than six months as the
penalty for knowingly trespassing upon the reserve known as the Bull Run
National Forest in the Cascade Mountains. See note set out under
section 482b of Title 16, Conservation, for the remainder of Pub. L.
95-200, including savings provisions therein, which in addition to
repealing this section created the Bull Run Watershed Management Unit,
Mount Hood National Forest.
18 USC 1863. Trespass on national forest lands
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, without lawful authority or permission, goes upon any
national-forest land while it is closed to the public pursuant to lawful
regulation of the Secretary of Agriculture, shall be fined not more than
$500 or imprisoned not more than six months, or both.
(Added May 24, 1949, ch. 139, 43, 63 Stat. 95.)
This section (section 43) incorporates in revised title 18, U.S.C.,
as section 1863 thereof, and with changes in phraseology, the provisions
of act of February 10, 1948 (ch. 51, 62 Stat. 19), which was not
incorporated in title 18 when the revision was enacted. The phrase
''without hard labor'' is omitted from the punishment clause as
unnecessary, in conformity with the uniform style of such title. (See
reviser's note to sec. 1 of such revised title, appearing in H. Rept.
No. 304, April 24, 1947, to accompany H.R. 3190, 80th Cong. (pp. A2, A4
of such report).) The concluding proviso that ''nothing herein shall be
construed to limit the authority of the Secretary of Agriculture under
other law to otherwise provide for regulating the occupancy and use of
national-forest lands and lands administered by the Forest Service'', is
omitted as surplusage.
18 USC 1864. Hazardous or injurious devices on Federal lands
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever --
(1) with the intent to violate the Controlled Substances Act,
(2) with the intent to obstruct or harass the harvesting of timber,
or
(3) with reckless disregard to the risk that another person will be
placed in danger of death or bodily injury and under circumstances
manifesting extreme indifference to such risk,
uses a hazardous or injurious device on Federal land, on an Indian
reservation, or on an Indian allotment while the title to such allotment
is held in trust by the United States or while such allotment remains
inalienable by the allottee without the consent of the United States
shall be punished under subsection (b).
(b) An individual who violates subsection (a) shall --
(1) if death of an individual results, be fined under this title or
imprisoned for any term of years or for life, or both;
(2) if serious bodily injury to any individual results, be fined
under this title or imprisoned for not more than twenty years, or both;
(3) if bodily injury to any individual results, be fined under this
title or imprisoned for not more than ten years, or both;
(4) if damage exceeding $10,000 to the property of any individual
results, be fined under this title or imprisoned for not more than ten
years, or both; and
(5) in any other case, be fined under this title or imprisoned for
not more than one year.
(c) Any individual who is punished under subsection (b)(3), (4), or
(5) after one or more prior convictions under any such subsection shall
be fined under this title or imprisoned for not more than ten years, or
both.
(d) As used in this section --
(1) the term ''serious bodily injury'' means bodily injury which
involves --
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; and
(D) protracted loss or impairment of the function of bodily member,
organ, or mental faculty;
(2) the term ''bodily injury'' means --
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or mental
faculty; or
(E) any other injury to the body, no matter how temporary; and
(3) the term ''hazardous or injurious device'' means a device, which
when assembled or placed, is capable of causing bodily injury, or damage
to property, by the action of any person making contact with such device
subsequent to the assembly or placement. Such term includes guns
attached to trip wires or other triggering mechanisms, ammunition
attached to trip wires or other triggering mechanisms, or explosive
devices attached to trip wires or other triggering mechanisms, sharpened
stakes, lines or wires, lines or wires with hooks attached, nails placed
so that the sharpened ends are positioned in an upright manner, or tree
spiking devices including spikes, nails, or other objects hammered,
driven, fastened, or otherwise placed into or on any timber, whether or
not severed from the stump.
(Added Pub. L. 100-690, title VI, 6254(f), Nov. 18, 1988, 102 Stat.
4366; amended Pub. L. 101-647, title XXXV, 3555, Nov. 29, 1990, 104
Stat. 4927.)
The Controlled Substances Act, referred to in subsec. (a)(1), is
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended,
which is classified principally to subchapter I ( 801 et seq.) of
chapter 13 of Title 21, Food and Drugs. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
1990 -- Subsec. (d)(1)(D), (E). Pub. L. 101-647 struck out ''and''
at end of subpar. (D) and substituted ''; and'' for period at end of
subpar. (E).
18 USC CHAPTER 93 -- PUBLIC OFFICERS AND EMPLOYEES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1901. Collecting or disbursing officer trading in public property.
1902. Disclosure of crop information and speculation thereon.
1903. Speculation in stocks or commodities affecting crop insurance.
1904. Disclosure of information or speculation in securities
affecting Reconstruction Finance Corporation.
1905. Disclosure of confidential information generally.
1906. Disclosure of information from a bank examination report.
1907. Disclosure of information by farm credit examiner.
1908. Disclosure of information by National Agricultural Credit
Corporation examiner.
1909. Examiner performing other services.
1910. Nepotism in appointment of receiver or trustee.
1911. Receiver mismanaging property.
1912. Unauthorized fees for inspection of vessels.
1913. Lobbying with appropriated moneys.
(1914. Repealed.)
1915. Compromise of customs liabilities.
1916. Unauthorized employment and disposition of lapsed
appropriations.
1917. Interference with civil service examinations.
1918. Disloyalty and asserting the right to strike against the
Government.
1919. False statement to obtain unemployment compensation for
Federal service.
1920. False statement to obtain Federal employees' compensation.
1921. Receiving Federal employees' compensation after marriage.
1922. False or withheld report concerning Federal employees'
compensation.
1923. Fraudulent receipt of payments of missing persons.
1990 -- Pub. L. 101-647, title XXXV, 3556, Nov. 29, 1990, 104
Stat. 4927, substituted ''from a bank examination report'' for ''by
bank examiner'' in item 1906 and struck out item 1914 ''Salary of
Government officials and employees payable only by United States''.
1966 -- Pub. L. 89-554, 3(c), Sept. 6, 1966, 80 Stat. 608, added
items 1916 to 1923.
Bribery and graft, see section 201 et seq. of this title.
Embezzlement and theft, see section 641 et seq. of this title.
Government employee having interest in Indian contracts, see section
437 of this title.
Officers --
Interested in claims against Government, see section 205 of this
title.
Receiving compensation in matters relating to proceedings, contracts,
claims, etc., see section 203 of this title.
Postal employee having interest in mail contract, see section 440 of
this title.
Purchase of claims for fees by court officials, see section 291 of
this title.
18 USC 1901. Collecting or disbursing officer trading in public
property
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer of the United States concerned in the
collection or the disbursement of the revenues thereof, carries on any
trade or business in the funds or debts of the United States, or of any
State, or in any public property of either, shall be fined not more than
$3,000 or imprisoned not more than one year, or both; and shall be
removed from office, and be incapable of holding any office under the
United States.
(June 25, 1948, ch. 645, 62 Stat. 790.)
Based on title 18, U.S.C., 1940 ed., 192 (Mar. 4, 1909, ch. 321,
103, 35 Stat. 1107).
Minor changes were made in phraseology.
Disqualification from holding any office of honor, trust, or profit,
additional grounds for, see sections 592, 593, 2071, 2381, 2385, and
2387 of this title.
18 USC 1902. Disclosure of crop information and speculation thereon
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer, employee or person acting for or on behalf
of the United States or any department or agency thereof, and having by
virtue of his office, employment or position, become possessed of
information which might influence or affect the market value of any
product of the soil grown within the United States, which information is
by law or by the rules of such department or agency required to be
withheld from publication until a fixed time, willfully imparts,
directly or indirectly, such information, or any part thereof, to any
person not entitled under the law or the rules of the department or
agency to receive the same; or, before such information is made public
through regular official channels, directly or indirectly speculates in
any such product by buying or selling the same in any quantity, shall be
fined not more than $10,000 or imprisoned not more than ten years, or
both.
No person shall be deemed guilty of a violation of any such rules,
unless prior to such alleged violation he shall have had actual
knowledge thereof.
(June 25, 1948, ch. 645, 62 Stat. 790.)
Based on title 18, U.S.C., 1940 ed., 214 (Mar. 4, 1909, ch. 321,
123, 35 Stat. 1110).
Words ''agency thereof'' were inserted in lieu of ''office thereof''
at beginning of section in conformity with section 6 of this title.
Minor changes were made in phraseology.
18 USC 1903. Speculation in stocks or commodities affecting crop
insurance
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, while acting in any official capacity in the administration
of any Act of Congress relating to crop insurance or to the Federal Crop
Insurance Corporation speculates in any agricultural commodity or
product thereof, to which such enactments apply, or in contracts
relating thereto, or in the stock or membership interests of any
association or corporation engaged in handling, processing, or disposing
of any such commodity or product, shall be fined not more than $10,000
or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 790.)
Based on section 1514(b) of title 7, U.S.C., 1940 ed., Agriculture
(Feb. 16, 1938, ch. 30, title V, 514(b), 52 Stat. 76).
Words ''upon conviction thereof'' were omitted as surplusage since
punishment can be imposed only after a conviction.
Minor changes were made in phraseology and translations.
18 USC 1904. Disclosure of information or speculation in securities
affecting Reconstruction Finance Corporation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being connected in any capacity with the Reconstruction
Finance Corporation, gives any unauthorized information concerning any
future action or plan of the said Corporation which might affect the
value of securities, or, having such knowledge, invests or speculates,
directly or indirectly in the securities or property of any company,
bank, or corporation receiving loans or other assistance from the said
Corporation, shall be fined not more than $10,000 or imprisoned not more
than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 791.)
Based on section 616(c) of title 15, U.S.C., 1940 ed., Commerce and
Trade (Jan. 22, 1932, ch. 8, 16(c), 47 Stat. 11, 12).
Minor changes were made in translations and phraseology.
Section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22
F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government
Organization and Employees, abolished the Reconstruction Finance
Corporation.
18 USC 1905. Disclosure of confidential information generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer or employee of the United States or of any
department or agency thereof, any person acting on behalf of the Office
of Federal Housing Enterprise Oversight, or agent of the Department of
Justice as defined in the Antitrust Civil Process Act (15 U.S.C.
1311-1314), publishes, divulges, discloses, or makes known in any manner
or to any extent not authorized by law any information coming to him in
the course of his employment or official duties or by reason of any
examination or investigation made by, or return, report or record made
to or filed with, such department or agency or officer or employee
thereof, which information concerns or relates to the trade secrets,
processes, operations, style of work, or apparatus, or to the identity,
confidential statistical data, amount or source of any income, profits,
losses, or expenditures of any person, firm, partnership, corporation,
or association; or permits any income return or copy thereof or any
book containing any abstract or particulars thereof to be seen or
examined by any person except as provided by law; shall be fined not
more than $1,000, or imprisoned not more than one year, or both; and
shall be removed from office or employment.
(June 25, 1948, ch. 645, 62 Stat. 791; Sept. 12, 1980, Pub. L.
96-349, 7(b), 94 Stat. 1158; Oct. 28, 1992, Pub. L. 102-550, title
XIII, 1353, 106 Stat. 3970.)
Based on section 176b of title 15, U.S.C., 1940 ed., Commerce and
Trade; section 216 of title 18, U.S.C., 1940 ed.; section 1335 of title
19, U.S.C., 1940 ed., Customs Duties (R.S. 3167; Aug. 27, 1894, ch.
349, 24, 28 Stat. 557; Feb. 26, 1926, ch. 27, 1115, 44 Stat. 117;
June 17, 1930, ch. 497, title III, 335, 46 Stat. 701; Jan. 27, 1938,
ch. 11, 2, 52 Stat. 8).
Section consolidates section 176b of title 15, U.S.C., 1940 ed.,
Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed., and
section 1335 of title 19, U.S.C., 1940 ed., Customs Duties.
Words ''or of any department or agency thereof'' and words ''such
department or agency'' were inserted so as to eliminate any possible
ambiguity as to scope of section. (See definition of ''department'' and
''agency'' in section 6 of this title.)
References to the offenses as misdemeanors, contained in all of said
sections, were omitted in view of definitive section 1 of this title.
The provisions of section 216 of title 18, U.S.C., 1940 ed., relating
to publication of income tax data by ''any person'', were omitted as
covered by section 55(f)(1) of title 26, U.S.C., 1940 ed., Internal
Revenue Code.
Minor changes were made in translations and phraseology.
The Antitrust Civil Process Act, referred to in text, is Pub. L.
87-664, Sept. 19, 1962, 76 Stat. 548, as amended, which is classified
generally to chapter 34 ( 1311 et seq.) of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see Short Title
note set out under section 1311 of Title 15 and Tables.
1992 -- Pub. L. 102-550 inserted ''any person acting on behalf of
the Office of Federal Housing Enterprise Oversight,'' after ''or agency
thereof,''.
1980 -- Pub. L. 96-349 provided for punishment and removal from
office of an agent of the Department of Justice as defined in the
Antitrust Civil Process Act for disclosure of confidential information.
Disclosure of income information by shareholders, see section 7213 of
Title 26, Internal Revenue Code.
sections 330b, 771, 773, 796, 1193, 1335a, 1401, 1418,
1914, 1944, 1990d, 2008, 2029, 2055, 2217, 2613;
title 21 sections 360ll, 360nn; title 26 section
7213; title 29 section 664; title 30 section 1423;
title 33 sections 1318, 1320, 1322, 1369, 1513; title
42 sections 300j-4, 2210b, 4912, 5916, 5919, 6274,
6921, 6927, 6991d, 7135, 7412, 7542, 7607, 7621, 9208,
9310, 9604, 9660, 11023, 11042; title 46 section
4309; title 49 section 11161; title 49 App.
sections 1681, 1905, 2010.
18 USC 1906. Disclosure of information from a bank examination report
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an examiner, public or private, or a General
Accounting Office employee with access to bank examination report
information under section 714 of title 31, discloses the names of
borrowers or the collateral for loans of any member bank of the Federal
Reserve System, any bank insured by the Federal Deposit Insurance
Corporation, any branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the International
Banking Act of 1978), or any organization operating under section 25 or
section 25(a) /1/ of the Federal Reserve Act, examined by him or subject
to General Accounting Office audit under section 714 of title 31 to
other than the proper officers of such bank, branch, agency, or
organization, without first having obtained the express permission in
writing from the Comptroller of the Currency as to a national bank or a
Federal branch or Federal agency (as such terms are defined in
paragraphs (5) and (6) of section 1(b) of the International Banking Act
of 1978), the Board of Governors of the Federal Reserve System as to a
State member bank, an uninsured State branch or State agency (as such
terms are defined in paragraphs (11) and (12) of section 1(b) of the
International Banking Act of 1978), or an organization operating under
section 25 or section 25(a) /1/ of the Federal Reserve Act, or the
Federal Deposit Insurance Corporation as to any other insured bank,
including any insured branch (as defined in section 3(s) of the Federal
Deposit Insurance Act),, /2/ or from the board of directors of such bank
or organization, except when ordered to do so by a court of competent
jurisdiction, or by direction of the Congress of the United States, or
either House thereof, or any committee of Congress or either House duly
authorized or as authorized by section 714 of title 31 shall be fined
not more than $5,000 or imprisoned not more than one year or both.
(June 25, 1948, ch. 645, 62 Stat. 791; July 21, 1978, Pub. L.
95-320, 3, 92 Stat. 393; Sept. 13, 1982, Pub. L. 97-258, 3(e)(1), 96
Stat. 1064; Nov. 29, 1990, Pub. L. 101-647, title XXV, 2597(k), 104
Stat. 4911.)
Based on section 594 of title 12, U.S.C., 1940 ed., Banks and Banking
(Dec. 23, 1913, ch. 6, 22 (second and third sentences of second
paragraph), 38 Stat. 272, 273; Sept. 26, 1918, ch. 177, 5 (22(b),
second paragraph), 40 Stat. 970; Aug. 23, 1935, ch. 614, 326(b), 49
Stat. 716).
Other provisions of section 594 of title 12, U.S.C., 1940 ed., Banks
and Banking, were consolidated with similar provisions from other
sections, to form section 1909 of this title.
Changes were made in phraseology.
Section 1(b) of the International Banking Act of 1978, referred to in
text, is classified to section 3101 of Title 12, Banks and Banking.
Section 25 of the Federal Reserve Act, referred to in text, is
classified to subchapter I ( 601 et seq.) of chapter 6 of Title 12.
Section 25(a) of the Federal Reserve Act, which is classified to
subchapter II ( 611 et seq.) of chapter 6 of Title 12, was renumbered
section 25A of that act by Pub. L. 102-242, title I, 142(e)(2), Dec.
19, 1991, 105 Stat. 2281.
Section 3(s) of the Federal Deposit Insurance Act, referred to in
text, is classified to section 1813(s) of Title 12.
1990 -- Pub. L. 101-647 substituted ''System, any bank insured'' for
''System, or bank insured'' and inserted '', any branch or agency of a
foreign bank (as such terms are defined in paragraphs (1) and (3) of
section 1(b) of the International Banking Act of 1978), or any
organization operating under section 25 or section 25(a) of the Federal
Reserve Act,'' after ''by the Federal Deposit Insurance Corporation'',
''branch, agency, or organization,'' after ''proper officers of such
bank,'', ''or a Federal branch or Federal agency (as such terms are
defined in paragraphs (5) and (6) of section 1(b) of the International
Banking Act of 1978)'' after ''national bank'', '', an uninsured State
branch or State agency (as such terms are defined in paragraphs (11) and
(12) of section 1(b) of the International Banking Act of 1978), or an
organization operating under section 25 or section 25(a) of the Federal
Reserve Act'' after ''as to a State member bank'', '', including any
insured branch (as defined in section 3(s) of the Federal Deposit
Insurance Act),'' after ''any other insured bank'', and ''or
organization'' after ''board of directors of such bank''.
1982 -- Pub. L. 97-258 substituted ''section 714 of title 31'' for
''section 117(e) of the Accounting and Auditing Act of 1950'' wherever
appearing.
1978 -- Pub. L. 95-320 substituted ''from a bank examination
report'' for ''by bank examiner'' in section catchline and, in text,
substituted ''public or private, or a General Accounting Office employee
with access to bank examination report information under section 117(e)
of the Accounting and Auditing Act of 1950, discloses'' for ''public or
private, discloses'', ''examined by him or subject to General Accounting
Office audit under section 117(e) of the Accounting and Auditing Act of
1950 to other than'' for '', examined by him, to other than'', and
''either House duly authorized or as authorized by section 117(e) of the
Accounting and Auditing Act of 1950 shall be fined'' for ''either House
duly authorized, shall be fined''.
Functions vested by any provision of law in Comptroller of the
Currency, referred to in this section, were not included in transfer of
functions of officers, agencies, and employees of Department of the
Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26, of
1950, 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in
the Appendix to Title 5, Government Organization and Employees.
Civil liability of officers or directors of member banks of the
Federal Reserve System, for violating or permitting violation of this
section, see section 503 of Title 12, Banks and Banking.
/1/ See References in Text note below.
/2/ So in original.
18 USC 1907. Disclosure of information by farm credit examiner
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a farm credit examiner or any examiner, public or
private, discloses the names of borrowers of any Federal land bank
association or Federal land bank, or any organization examined by him
under the provisions of law relating to Federal intermediate credit
banks, to other than the proper officers of such institution or
organization, without first having obtained express permission in
writing from the Land Bank Commissioner or from the board of directors
of such institution or organization, except when ordered to do so by a
court of competent jurisdiction or by direction of the Congress of the
United States or either House thereof, or any committee of Congress or
either House duly authorized, shall be fined not more than $5,000 or
imprisoned not more than one year, or both; and shall be disqualified
from holding office as a farm credit examiner.
(June 25, 1948, ch. 645, 62 Stat. 791; Aug. 18, 1959, Pub. L.
86-168, title I, 104(h), 73 Stat. 387; Oct. 12, 1982, Pub. L. 97-297,
4(c), 96 Stat. 1318.)
Based on sections 983 and 1124 of title 12, U.S.C., 1940 ed., Banks
and Banking (July 17, 1916, ch. 245, 31 (third and fourth sentences of
third paragraph), 39 Stat. 383; July 17, 1916, ch. 245, 211(d) (part
of first sentence), as added Mar. 4, 1923, ch. 252, 2, 42 Stat. 1460;
June 16, 1933, ch. 98, 80(a), 48 Stat. 273).
Section 983 of title 12, U.S.C., 1940 ed., Banks and Banking, does
not include the term ''farm credit examiner,'' as used in this section,
but it relates thereto as is indicated by sections 951 and 952 of said
title.
Section 1124 of title 12, U.S.C., 1940 ed., Banks and Banking, which
was taken from a chapter in that title dealing with Federal intermediate
credit banks, also relates to farm credit examiners as is indicated by
section 1093 thereof. Even so, it was deemed advisable to retain the
reference to any examiner ''public or private,'' as used in said section
1124.
For clarification, the types of associations, banks, and
organizations to which section relates, were enumerated wherever
referred to, and words ''examined by him under the provisions of law
relating to Federal intermediate credit banks'' were inserted.
In addition, changes were made in phraseology.
The provisions relating to disqualification from holding office as an
incident to violation were contained in section 1124 of title 12,
U.S.C., 1940 ed., Banks and Banking.
For bribery and other provisions of section 1124 of title 12, U.S.C.,
1940 ed., Banks and Banking, see sections 218 and 1909 of this title.
Other provisions of said section 983 of title 12, U.S.C., 1940 ed.,
were incorporated in section 221 of this title.
1982 -- Pub. L. 97-297 substituted ''or Federal land bank'' for '',
Federal land bank, or joint-stock land bank''.
1959 -- Pub. L. 86-168 substituted ''Federal land bank
associations'' for ''national farm loan association''.
Amendment by Pub. L. 86-168 effective Dec. 31, 1959, see section
104(k) of Pub. L. 86-168.
The office of Land Bank Commissioner was abolished by section 636f of
Title 12, Banks and Banking.
Secret Service, detection, arrest and delivery into custody of any
person violating this section in so far as the Federal land banks,
joint-stock land banks and national farm loan associations are
concerned, see section 3056 of this title.
18 USC 1908. Disclosure of information by National Agricultural Credit
Corporation examiner
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an examiner appointed under the provisions of law
relating to National Agricultural Credit Corporations, discloses the
names of borrowers of any organization examined by him, to other than
the proper officers of such organization, without first having obtained
express permission in writing from the Comptroller of the Currency or
from the board of directors of such organization, except when ordered to
do so by a court of competent jurisdiction or by direction of the
Congress of the United States or either House thereof, or any committee
of Congress or either House duly authorized, shall be fined not more
than $5,000 or imprisoned not more than one year, or both; and shall be
disqualified from holding office as such examiner.
(June 25, 1948, ch. 645, 62 Stat. 792.)
Based on section 1314 of title 12, U.S.C., 1940 ed., Banks and
Banking (Mar. 4, 1923, ch. 252, title II, 216(d), 42 Stat. 1472).
Minor changes of phraseology were made.
Other provisions of section 1314 of title 12, U.S.C., 1940 ed., Banks
and Banking, are incorporated in sections 218 and 1909 of this title.
Functions vested by any provision of law in Comptroller of the
Currency, referred to in this section, were not included in transfer of
functions of officers, agencies, and employees of Department of the
Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26, of
1950, 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in
the Appendix to Title 5, Government Organization and Employees.
Title II of the Agricultural Credits Act, act Mar. 4, 1923, ch.
252, title II, 201-217, 42 Stat. 1461, which authorized the creation
of national agricultural credit corporations, was repealed by Pub. L.
86-230, Sept. 8, 1959, 24, 73 Stat. 466. Prior to such repeal, act
June 16, 1933, ch. 101, 77, 48 Stat. 292, had prohibited the
creation, after June 16, 1933, of national agricultural credit
corporations authorized to be formed under the Agricultural Credits Act.
18 USC 1909. Examiner performing other services
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a national-bank examiner, Federal Deposit Insurance
Corporation examiner, farm credit examiner, or an examiner of National
Agricultural Credit Corporations, performs any other service, for
compensation, for any bank or banking or loan association, or for any
officer, director, or employee thereof, or for any person connected
therewith in any capacity, shall be fined not more than $5,000 or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 792.)
Based on sections 594, 656a, 952, 981, 1093, 1124, 1243, and 1314 of
title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6,
22, fourth sentence of first paragraph, and third sentence of second
paragraph, 38 Stat. 272; July 17, 1916, ch. 245, 28, 31 (third
sentence of first paragraph), 39 Stat. 381, 383; July 17, 1916, ch.
245, 208(c), 211(d), second sentence, as added Mar. 4, 1923, ch. 252,
2, 42 Stat. 1459, 1460; Sept. 26, 1918, ch. 177, 5 (''22(b)'') 40
Stat. 970; Mar. 4, 1923, ch. 252, title II, 209(c), 216(d) (second
sentence), 42 Stat. 1468, 1472; Ex. Ord. No. 6084, Mar. 27, 1933; June
16, 1933, ch. 98, 80(a), 48 Stat. 273; Aug. 23, 1935, ch. 614,
326(b), 49 Stat. 716; Aug. 19, 1937, ch. 704, 20, 50 Stat. 710).
Section 594 of title 12, U.S.C., 1940 ed., Banks and Banking, first
paragraph, related to national-bank examiners and Federal Deposit
Insurance Corporation examiners, and provided punishment for several
offenses including the offense of performing services, for compensation,
other than their regular duties. Section 656a of said title 12 is
authority for the designation ''farm credit examiner'' included in this
section, and section 1093 of said title authorizes farm credit examiners
to conduct examinations in connection with contemplated transactions of
Federal intermediate credit banks, to which section 1124 of said title
relates.
Sections 981 and 1124 of title 12, U.S.C., 1940 ed., Banks and
Banking, which relate to farm credit examiners, and section 1314 of said
title, which relates to National Agricultural Credit Corporation
examiners, all prohibit the performance of services, for compensation,
other than regular duties. They do not specifically provide punishment
for violation of such prohibition, but the provisions of said section
594 of said title, relating to national-bank examiners and Federal
Deposit Insurance Corporation examiners, which does provide punishment
for the same offense, are extended to the former two types of examiners
by sections 952 and 1243 thereof.
The remaining provisions of sections 594, 981, 1124, and 1314 of
title 12, U.S.C., 1940 ed., Banks and Banking, relating to unlawful
disclosure of the names of borrowers or the collateral for loans, false
statements in applications for loans, overvaluation of securities, and
acceptance of loans or gratuities, were separated and transferred
according to subject matter to sections 218, 1014, 1906-1908 of this
title, where, insofar as possible, they were consolidated with similar
provisions from other sections.
Minor changes were made in phraseology.
Title II of the Agricultural Credits Act, act Mar. 4, 1923, ch.
252, title II, 201-217, 42 Stat. 1461, which authorized the creation
of national agricultural credit corporations, was repealed by Pub. L.
86-230, Sept. 8, 1959, 24, 73 Stat. 466. Prior to such repeal, act
June 16, 1933, ch. 101, 77, 48 Stat. 292, had prohibited the
creation, after June 16, 1933, of national agricultural credit
corporations authorized to be formed under the Agricultural Credits Act.
Civil liability of officers or directors of member banks of the
Federal Reserve System, for violating or permitting violation of this
section, see section 503 of Title 12, Banks and Banking.
Secret Service, detection, arrest and delivery into custody of any
person violating this section in so far as the Federal Deposit Insurance
Corporation, Federal land banks, joint-stock land banks and national
farm loan associations are concerned, see section 3056 of this title.
18 USC 1910. Nepotism in appointment of receiver or trustee
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a judge of any court of the United States, appoints as
receiver, or trustee, any person related to such judge by consanguinity,
or affinity, within the fourth degree --
Shall be fined not more than $10,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 792.)
Based on section 531 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Aug. 25, 1937, ch. 777, 50 Stat. 810).
Minor changes were made in phraseology.
18 USC 1911. Receiver mismanaging property
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a receiver, trustee, or manager in possession of any
property in any cause pending in any court of the United States,
willfully fails to manage and operate such property according to the
requirements of the valid laws of the State in which such property shall
be situated, in the same manner that the owner or possessor thereof
would be bound to do if in possession thereof, shall be fined not more
than $3,000 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 792.)
Based upon section 124 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (Mar. 3, 1911, ch. 231, 65, 36 Stat. 1104).
Word ''trustee'' was inserted after ''receiver'' so as to make it
clear that persons holding such office are included in the enumeration
of court officers who are subject to the provisions of this section.
Changes were made in phraseology and arrangement, but without change
of substance or meaning.
Other provisions of section 124 of title 28, U.S.C., 1940 ed., were
retained in that title.
Bribery, generally, see section 201 et seq. of this title.
Civil actions against trustees and receivers, see section 959 of
Title 28, Judiciary and Judicial Procedure.
Embezzlement, see section 645 of this title.
Fee agreements, punishment, see section 155 of this title.
Investigation of violation of laws, see section 3057 of this title.
Management of property by trustees and receivers according to State
laws, see section 959 of Title 28, Judiciary and Judicial Procedure.
National banks, embezzlement or misapplication of funds, see section
656 of this title.
18 USC 1912. Unauthorized fees for inspection of vessels
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer, employee, or agent of the United States or
any agency thereof, engaged in inspection of vessels, upon any pretense,
receives any fee or reward for his services, except what is allowed to
him by law, shall be fined not more than $500 or imprisoned not more
than six months, or both; and shall forfeit his office.
(June 25, 1948, ch. 645, 62 Stat. 792.)
Based on title 18, U.S.C., 1940 ed., 196 (Mar. 4, 1909, ch. 321,
107, 35 Stat. 1107).
The phrase ''officer or employee of the United States or any agency
thereof'' was substituted for the phrase ''inspector of steamboats'' in
view of 1946 Reorganization Plan No. 3, eff. July 16, 1946, 11 F.R.
7875, 60 Stat. 1097, abolishing inspectors and transferring their
functions to the Coast Guard.
Minor changes were made in phraseology.
Inspection of steam vessels, see section 3301 et seq. of Title 46,
Shipping.
18 USC 1913. Lobbying with appropriated moneys
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No part of the money appropriated by any enactment of Congress shall,
in the absence of express authorization by Congress, be used directly or
indirectly to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device, intended
or designed to influence in any manner a Member of Congress, to favor or
oppose, by vote or otherwise, any legislation or appropriation by
Congress, whether before or after the introduction of any bill or
resolution proposing such legislation or appropriation; but this shall
not prevent officers or employees of the United States or of its
departments or agencies from communicating to Members of Congress on the
request of any Member or to Congress, through the proper official
channels, requests for legislation or appropriations which they deem
necessary for the efficient conduct of the public business.
Whoever, being an officer or employee of the United States or of any
department or agency thereof, violates or attempts to violate this
section, shall be fined not more than $500 or imprisoned not more than
one year, or both; and after notice and hearing by the superior officer
vested with the power of removing him, shall be removed from office or
employment.
(June 25, 1948, ch. 645, 62 Stat. 792.)
Based on title 18, U.S.C., 1940 ed., 201 (July 11, 1919, ch. 6, 6,
41 Stat. 68).
Reference to ''department'' and ''agency'' was added in three
instances after the words ''United States'' to remove doubt as to the
scope of the section. (See definitions of ''department'' and ''agency''
in section 6 of this title.)
Reference to the offense as a misdemeanor was omitted as unnecessary
in view of the definitive section 1 of this title.
Words ''on conviction thereof'' were omitted as surplusage since
punishment can be imposed only after conviction.
Minor changes were made in phraseology.
18 USC ( 1914. Repealed. Pub. L. 87-849, 2, Oct. 23, 1962, 76 Stat.
1126)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 793, related to
salary of Government officials and employees payable only by United
States. Section was supplanted by section 209 of this title.
Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub.
L. 87-849, set out as an Effective Date note under section 201 of this
title.
18 USC 1915. Compromise of customs liabilities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer of the United States, without lawful
authority compromises or abates or attempts to compromise or abate any
claim of the United States arising under the customs laws for any fine,
penalty or forfeiture, or in any manner relieves or attempts to relieve
any person, vessel, vehicle, merchandise or baggage therefrom, shall be
fined not more than $5,000 or imprisoned not more than two years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 793.)
Based on section 1616 of title 19, U.S.C., 1940 ed., Customs Duties
(June 17, 1930, ch. 497, title IV, 616, 46 Stat. 757).
Designation of the offense as a felony was omitted as unnecessary in
view of definitive section 1 of this title. (See reviser's note under
section 550 of this title.)
Words ''and upon conviction thereof'' were also omitted as
unnecessary, since punishment could not be imposed until after
conviction.
Changes were made in phraseology.
The customs laws, referred to in text, are classified generally to
Title 19, Customs Duties.
18 USC 1916. Unauthorized employment and disposition of lapsed
appropriations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever --
(1) violates the provision of section 3103 of title 5 that an
individual may be employed in the civil service in an Executive
department at the seat of Government only for services actually rendered
in connection with and for the purposes of the appropriation from which
he is paid; or
(2) violates the provision of section 5501 of title 5 that money
accruing from lapsed salaries or from unused appropriations for salaries
shall be covered into the Treasury of the United States;
shall be fined not more than $1,000 or imprisoned not more than one
year.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 608.)
The statement of the acts prohibited is supplied from section 4 of
the Act of Aug. 5, 1882, ch. 389, 22 Stat. 255, as amended June 22,
1906, ch. 3514, 6, 8, 34 Stat. 449, and Sept. 23, 1950, ch. 1010,
7, 64 Stat. 986, which is codified in sections 3103 and 5501 of title
5, United States Code.
The words ''upon conviction thereof'' are omitted as unnecessary
because punishment can be imposed only after conviction.
18 USC 1917. Interference with civil service examinations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a member or employee of the United States Civil
Service Commission or an individual in the public service, willfully and
corruptly --
(1) defeats, deceives, or obstructs an individual in respect of his
right of examination according to the rules prescribed by the President
under title 5 for the administration of the competitive service and the
regulations prescribed by the Commission under section 1302(a) of title
5;
(2) falsely marks, grades, estimates, or reports on the examination
or proper standing of an individual examined;
(3) makes a false representation concerning the mark, grade,
estimate, or report on the examination or proper standing of an
individual examined, or concerning the individual examined; or
(4) furnishes to an individual any special or secret information for
the purpose of improving or injuring the prospects or chances of an
individual examined, or to be examined, being appointed, employed, or
promoted;
shall, for each offense, be fined not less than $100 nor more than
$1,000 or imprisoned not less than ten days nor more than one year, or
both.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 609.)
The section is rewritten to conform to the style of title 18. The
words ''a member or employee of the United States Civil Service
Commission'' are coextensive with and substituted for ''Civil Service
Commissioner, examiner, copyist, or messenger''.
The references to actions in concert with others to violate this
section are omitted in view of the crime of conspiracy contained in
chapter 19 of title 18.
In paragraph (1), the words ''the rules prescribed by the President
under title 5 for the administration of the competitive service and the
regulations prescribed by the Commission under section 1302(a) of title
5'' are substituted for ''any such rules or regulations'' to provide the
basis of reference.
The words ''be deemed guilty of a misdemeanor'' are omitted as
unnecessary in view of the definitive section 1 of this title. (See
reviser's note under 18 U.S.C. 212, 1964 ed.)
The words ''and upon conviction thereof'' are omitted as unnecessary
because punishment can be imposed only after conviction.
The words ''or both'' are substituted for ''or by both such fine and
imprisonment''.
Functions vested by statute in United States Civil Service Commission
transferred to Director of Office of Personnel Management (except as
otherwise specified) by Reorg. Plan No. 2 of 1978, 102, 43 F.R.
36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government
Organization and Employees, effective Jan. 1, 1979, as provided by
section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set
out under section 1101 of Title 5.
18 USC 1918. Disloyalty and asserting the right to strike against the
Government
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever violates the provision of section 7311 of title 5 that an
individual may not accept or hold a position in the Government of the
United States or the government of the District of Columbia if he --
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the
overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against
the Government of the United States or the government of the District of
Columbia; or
(4) is a member of an organization of employees of the Government of
the United States or of individuals employed by the government of the
District of Columbia that he knows asserts the right to strike against
the Government of the United States or the government of the District of
Columbia;
shall be fined not more than $1,000 or imprisoned not more than one
year and a day, or both.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 609.)
The section is rewritten to conform to the style of title 18. The
statement of the acts prohibited is supplied from the Act of Aug. 9,
1955, ch. 690, 1, 69 Stat. 624, which is codified in section 7311 of
title 5, United States Code.
The words ''From and after July 1, 1956'', appearing in the Act of
June 29, 1956, are omitted as executed.
The words ''shall be guilty of a felony'' are omitted as unnecessary
in view of the definitive section 1 of this title. (See reviser's note
under section 550 of this title.)
18 USC 1919. False statement to obtain unemployment compensation for
Federal service
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever makes a false statement or representation of a material fact
knowing it to be false, or knowingly fails to disclose a material fact,
to obtain or increase for himself or for any other individual any
payment authorized to be paid under chapter 85 of title 5 or under an
agreement thereunder, shall be fined not more than $1,000 or imprisoned
not more than one year, or both.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 609.)
The words ''under chapter 85 of title 5'' are substituted for ''under
this title'' (Title XV of the Social Security Act, as amended) to
reflect the codification of the Title in title 5, United States Code.
18 USC 1920. False statement to obtain Federal employees' compensation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever makes, in an affidavit or report required by section 8106 of
title 5 or in a claim for compensation under subchapter I of chapter 81
of title 5, a statement, knowing it to be false, is guilty of perjury
and shall be fined not more than $2,000 or imprisoned not more than one
year, or both.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 610.)
The word ''That'' in the Act of Sept. 7, 1916, is omitted as
unnecessary.
The words ''under section 8106 of title 5'' are substituted for
''under section 754 of this title'' to reflect the codification of the
section in title 5, United States Code. The words ''a claim for
compensation under subchapter I of chapter 81 of title 5'' are
substituted for ''any claim for compensation'' for clarity.
The words ''or both'' are substituted for ''or by both such fine and
imprisonment''.
Minor changes in phraseology are made to conform to the style of
title 18.
18 USC 1921. Receiving Federal employees' compensation after marriage
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being entitled to compensation under sections 8107-8113 and
8133 of title 5 and whose compensation by the terms of those sections
stops or is reduced on his marriage or on the marriage of his dependent,
accepts after such marriage any compensation or payment to which he is
not entitled shall be fined not more than $2,000 or imprisoned not more
than one year, or both.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 610.)
The word ''Whoever'' is substituted for ''If any person'' to conform
to the style of title 18.
The words ''under sections 8107-8113 and 8133 of title 55'' are
substituted for ''under this section or section 755 or 756 of this
title'' to reflect the codification of the sections in title 5, United
States Code.
The words ''or both'' are substituted for ''or by both such fine and
imprisonment''.
18 USC 1922. False or withheld report concerning Federal employees'
compensation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer or employee of the United States charged
with the responsibility for making the reports of the immediate superior
specified by section 8120 of title 5, willfully fails, neglects, or
refuses to make any of the reports, or knowingly files a false report,
or induces, compels, or directs an injured employee to forego filing of
any claim for compensation or other benefits provided under subchapter I
of chapter 81 of title 5 or any extension or application thereof, or
willfully retains any notice, report, claim, or paper which is required
to be filed under that subchapter or any extension or application
thereof, or regulations prescribed thereunder, shall be fined not more
than $500 or imprisoned not more than one year, or both.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 610.)
The words ''the reports of the immediate superior specified in
section 8120 of title 5'' are substituted for ''the reports specified in
subsection (a) of this section'' to reflect the codification of that
subsection in title 5, United States Code.
The words ''subchapter I of chapter 81 of title 5'' and ''that
subchapter'' are substituted for ''sections 751-756, 757-781, 783-791,
and 793 of this title'' and ''said sections'', respectively, to reflect
the codification of the sections in title 5, United States Code.
The words ''shall be guilty of a misdemeanor'' are omitted as
unnecessary in view of the definitive section 1 of this title. (See
reviser's note under 18 U.S.C. 212, 1964 ed.)
The words ''and upon conviction thereof'' are omitted as unnecessary
because punishment can be imposed only after conviction.
18 USC 1923. Fraudulent receipt of payments of missing persons
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever obtains or receives any money, check, or allotment under --
(1) subchapter VII of chapter 55 of title 5; or
(2) chapter 10 of title 37;
without being entitled thereto, with intent to defraud, shall be
fined not more than $2,000 or imprisoned not more than one year, or
both.
(Added Pub. L. 89-554, 3(d), Sept. 6, 1966, 80 Stat. 610.)
Clauses (1) and (2) are substituted for the words ''under this Act''
to reflect the codification of the Act. The portion of the Act which is
applicable to civilian officers and employees and their dependents is
codified in subchapter VII of chapter 55 of title 5, United States Code.
The portion of the Act which is applicable to members of the uniformed
services and their dependents is codified in chapter 10 of title 37,
United States Code.
18 USC CHAPTER 95 -- RACKETEERING
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1951. Interference with commerce by threats or violence.
1952. Interstate and foreign travel or transportation in aid of
racketeering enterprises.
1953. Interstate transportation of wagering paraphernalia.
1954. Offer, acceptance, or solicitation to influence operations of
employee benefit plan.
1955. Prohibition of illegal gambling businesses.
1956. Laundering of monetary instruments.
1957. Engaging in monetary transactions in property derived from
specified unlawful activity.
1958. Use of interstate commerce facilities in the commission of
murder-for-hire.
1959. Violent crimes in aid of racketeering activity.
1960. Prohibition of illegal money transmitting businesses.
1992 -- Pub. L. 102-550, title XV, 1512(b), Oct. 28, 1992, 106
Stat. 4058, added item 1960.
1988 -- Pub. L. 100-690, title VII, 7053(c), Nov. 18, 1988, 102
Stat. 4402, redesignated items 1952A and 1952B as 1958 and 1959,
respectively, and transferred them to the end of the table of sections.
1986 -- Pub. L. 99-570, title I, 1352(b), Oct. 27, 1986, 100 Stat.
3207-21, added items 1956 and 1957.
1984 -- Pub. L. 98-473, title II, 1002(b), Oct. 12, 1984, 98 Stat.
2137, added items 1952A and 1952B.
1970 -- Pub. L. 91-452, title VIII, 803(b), Oct. 15, 1970, 84
Stat. 938, added item 1955.
1962 -- Pub. L. 87-420, 17(f), Mar. 20, 1962, 76 Stat. 43, added
item 1954.
1961 -- Pub. L. 87-228, 1(b), Sept. 13, 1961, 75 Stat. 499, added
item 1952.
Pub. L. 87-218, 1, Sept. 13, 1961, 75 Stat. 492, added item 1953.
18 USC 1951. Interference with commerce by threats or violence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever in any way or degree obstructs, delays, or affects
commerce or the movement of any article or commodity in commerce, by
robbery or extortion or attempts or conspires so to do, or commits or
threatens physical violence to any person or property in furtherance of
a plan or purpose to do anything in violation of this section shall be
fined not more than $10,000 or imprisoned not more than twenty years, or
both.
(b) As used in this section --
(1) The term ''robbery'' means the unlawful taking or obtaining of
personal property from the person or in the presence of another, against
his will, by means of actual or threatened force, or violence, or fear
of injury, immediate or future, to his person or property, or property
in his custody or possession, or the person or property of a relative or
member of his family or of anyone in his company at the time of the
taking or obtaining.
(2) The term ''extortion'' means the obtaining of property from
another, with his consent, induced by wrongful use of actual or
threatened force, violence, or fear, or under color of official right.
(3) The term ''commerce'' means commerce within the District of
Columbia, or any Territory or Possession of the United States; all
commerce between any point in a State, Territory, Possession, or the
District of Columbia and any point outside thereof; all commerce
between points within the same State through any place outside such
State; and all other commerce over which the United States has
jurisdiction.
(c) This section shall not be construed to repeal, modify or affect
section 17 of Title 15, sections 52, 101-115, 151-166 of Title 29 or
sections 151-188 of Title 45.
(June 25, 1948, ch. 645, 62 Stat. 793.)
Based on title 18, U.S.C., 1940 ed., 420a-420e-1 (June 18, 1934,
ch. 569, 1-6, 48 Stat. 979, 980; July 3, 1946, ch. 537, 60 Stat.
420).
Section consolidates sections 420a to 420e-1 of Title 18, U.S.C.,
1940 ed., with changes in phraseology and arrangement necessary to
effect consolidation.
Provisions designating offense as felony were omitted as unnecessary
in view of definitive section 1 of this title. (See reviser's note
under section 550 of this title.)
Subsection (c) of the revised section is derived from title II of the
1946 amendment. It substitutes references to specific sections of the
United States Code, 1940 ed., in place of references to numerous acts of
Congress, in conformity to the style of the revision bill. Subsection
(c) as rephrased will preclude any construction of implied repeal of the
specified acts of Congress codified in the sections enumerated.
The words ''attempts or conspires so to do'' were substituted for
sections 3 and 4 of the 1946 act, omitting as unnecessary the words
''participates in an attempt'' and the words ''or acts in concert with
another or with others'', in view of section 2 of this title which makes
any person who participates in an unlawful enterprise or aids or assists
the principal offender, or does anything towards the accomplishment of
the crime, a principal himself.
Words ''shall, upon conviction thereof,'' were omitted as surplusage,
since punishment cannot be imposed until a conviction is secured.
Sections 101-115 of Title 29, referred to in subsec. (c), is a
reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly known
as the Norris-LaGuardia Act. For complete classification of this Act to
the Code, see Short Title note set out under section 101 of Title 29,
Labor, and Tables.
Section 11 of that act, formerly classified to section 111 of Title
29, was repealed and reenacted as section 3692 of this title by act June
25, 1948, ch. 645, 21, 62 Stat. 862, eff. Sept. 1, 1948.
Section 12 of that act, formerly classified to section 112 of Title
29, was repealed by act June 25, 1948, and is covered by rule 42(b) of
the Federal Rules of Criminal Procedure, set out in Appendix to this
title.
Section 164 of Title 45, included within the reference in subsec.
(c) to sections 151-188 of Title 45, was repealed by act Oct. 10, 1940,
ch. 851, 4, 54 Stat. 1111. See section 5 of Title 41, Public
Contracts.
Section 186 of Title 45, included within the reference in subsec.
(c) to sections 151-188 of Title 45, was omitted from the Code.
This section is popularly known as the ''Hobbs Act''.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC 1952. Interstate and foreign travel or transportation in aid of
racketeering enterprises
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with intent to
--
(1) distribute the proceeds of any unlawful activity; or
(2) commit any crime of violence to further any unlawful activity;
or
(3) otherwise promote, manage, establish, carry on, or facilitate the
promotion, management, establishment, or carrying on, of any unlawful
activity,
and thereafter performs or attempts to perform any of the acts
specified in subparagraphs (1), (2), and (3), shall be fined not more
than $10,000 or imprisoned for not more than five years, or both.
(b) As used in this section (i) ''unlawful activity'' means (1) any
business enterprise involving gambling, liquor on which the Federal
excise tax has not been paid, narcotics or controlled substances (as
defined in section 102(6) of the Controlled Substances Act), or
prostitution offenses in violation of the laws of the State in which
they are committed or of the United States, (2) extortion, bribery, or
arson in violation of the laws of the State in which committed or of the
United States, or (3) any act which is indictable under subchapter II of
chapter 53 of title 31, United States Code, or under section 1956 or
1957 of this title and (ii) the term ''State'' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(c) Investigations of violations under this section involving liquor
shall be conducted under the supervision of the Secretary of the
Treasury.
(Added Pub. L. 87-228, 1(a), Sept. 13, 1961, 75 Stat. 498; amended
Pub. L. 89-68, July 7, 1965, 79 Stat. 212; Pub. L. 91-513, title II,
701(i)(2), Oct. 27, 1970, 84 Stat. 1282; Pub. L. 99-570, title I,
1365(a), Oct. 27, 1986, 100 Stat. 3207-35; Pub. L. 101-647, title XII,
1205(i), title XVI, 1604, Nov. 29, 1990, 104 Stat. 4831, 4843.)
Section 102(6) of the Controlled Substances Act, referred to in
subsec. (b)(i)(1), is classified to section 802(6) of Title 21, Food
and Drugs.
1990 -- Subsec. (a). Pub. L. 101-647, 1604, inserted ''the mail
or'' after ''uses'' and struck out ''including the mail,'' before ''with
intent'' in introductory provisions.
Subsec. (b). Pub. L. 101-647, 1205(i), inserted ''(i)'' after ''As
used in this section'' and added cl. (ii).
1986 -- Subsec. (b)(3). Pub. L. 99-570 added cl. (3).
1970 -- Subsec. (b)(1). Pub. L. 91-513, 701(i)(2)(A), inserted ''or
controlled substances (as defined in section 102(6) of the Controlled
Substances Act)''.
Subsec. (c). Pub. L. 91-513, 701(i)(2)(B), struck out reference to
investigations involving narcotics.
1965 -- Subsec. (b)(2). Pub. L. 89-68 made section applicable to
travel in aid of arson.
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after Oct. 26, 1970, see section 704 of Pub.
L. 91-513, set out as an Effective Date note under section 801 of Title
21, Food and Drugs.
Amendment by Pub. L. 91-513 not to affect or abate any prosecutions
for any violation of law or any civil seizures or forfeitures and
injunctive proceedings commenced prior to the effective date of such
amendment, and all administrative proceedings pending before the former
Bureau of Narcotics and Dangerous Drugs on Oct. 27, 1970, were to be
continued and brought to final determination in accord with laws and
regulations in effect prior to Oct. 27, 1970, see section 702 of Pub.
L. 91-513, set out as a Savings Provision note under section 321 of
Title 21, Food and Drugs.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC ( 1952A. Renumbered 1958)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC ( 1952B. Renumbered 1959)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 1953. Interstate transportation of wagering paraphernalia
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, except a common carrier in the usual course of its
business, knowingly carries or sends in interstate or foreign commerce
any record, paraphernalia, ticket, certificate, bills, slip, token,
paper, writing, or other device used, or to be used, or adapted,
devised, or designed for use in (a) bookmaking; or (b) wagering pools
with respect to a sporting event; or (c) in a numbers, policy, bolita,
or similar game shall be fined not more than $10,000 or imprisoned for
not more than five years or both.
(b) This section shall not apply to (1) parimutuel betting equipment,
parimutuel tickets where legally acquired, or parimutuel materials used
or designed for use at racetracks or other sporting events in connection
with which betting is legal under applicable State law, or (2) the
transportation of betting materials to be used in the placing of bets or
wagers on a sporting event into a State in which such betting is legal
under the statutes of that State, or (3) the carriage or transportation
in interstate or foreign commerce of any newspaper or similar
publication, or (4) equipment, tickets, or materials used or designed
for use within a State in a lottery conducted by that State acting under
authority of State law, or (5) the transportation in foreign commerce to
a destination in a foreign country of equipment, tickets, or materials
designed to be used within that foreign country in a lottery which is
authorized by the laws of that foreign country.
(c) Nothing contained in this section shall create immunity from
criminal prosecution under any laws of any State, Commonwealth of Puerto
Rico, territory, possession, or the District of Columbia.
(d) For the purposes of this section (1) ''State'' means a State of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United States; and (2)
''foreign country'' means any empire, country, dominion, colony, or
protectorate, or any subdivision thereof (other than the United States,
its territories or possessions).
(e) For the purposes of this section ''lottery'' means the pooling of
proceeds derived from the sale of tickets or chances and allotting those
proceeds or parts thereof by chance to one or more chance takers or
ticket purchasers. ''Lottery'' does not include the placing or
accepting of bets or wagers on sporting events or contests.
(Added Pub. L. 87-218, 1, Sept. 13, 1961, 75 Stat. 492; amended
Pub. L. 93-583, 3, Jan. 2, 1975, 88 Stat. 1916; Pub. L. 96-90, 2,
Oct. 23, 1979, 93 Stat. 698.)
1979 -- Subsec. (b)(5). Pub. L. 96-90, 2(1), added cl. (5).
Subsecs. (d), (e). Pub. L. 96-90, 2(2), added subsecs. (d) and
(e).
1975 -- Subsec. (b)(4). Pub. L. 93-583 added cl. (4).
Mailing lottery tickets or related matter, see section 1302 of this
title.
title.
18 USC 1954. Offer, acceptance, or solicitation to influence
operations of employee benefit plan
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever being --
(1) an administrator, officer, trustee, custodian, counsel, agent, or
employee of any employee welfare benefit plan or employee pension
benefit plan; or
(2) an officer, counsel, agent, or employee of an employer or an
employer any of whose employees are covered by such plan; or
(3) an officer, counsel, agent, or employee of an employee
organization any of whose members are covered by such plan; or
(4) a person who, or an officer, counsel, agent, or employee of an
organization which, provides benefit plan services to such plan
receives or agrees to receive or solicits any fee, kickback,
commission, gift, loan, money, or thing of value because of or with
intent to be influenced with respect to, any of the actions, decisions,
or other duties relating to any question or matter concerning such plan
or any person who directly or indirectly gives or offers, or promises to
give or offer, any fee, kickback, commission, gift, loan, money, or
thing of value prohibited by this section, shall be fined not more than
$10,000 or imprisoned not more than three years, or both: Provided,
That this section shall not prohibit the payment to or acceptance by any
person of bona fide salary, compensation, or other payments made for
goods or facilities actually furnished or for services actually
performed in the regular course of his duties as such person,
administrator, officer, trustee, custodian, counsel, agent, or employee
of such plan, employer, employee organization, or organization providing
benefit plan services to such plan.
As used in this section, the term (a) ''any employee welfare benefit
plan'' or ''employee pension benefit plan'' means any employee welfare
benefit plan or employee pension benefit plan, respectively, subject to
any provision of title I of the Employee Retirement Income Security Act
of 1974, and (b) ''employee organization'' and ''administrator'' as
defined respectively in sections 3(4) and (3)(16) of the Employee
Retirement Income Security Act of 1974.
(Added Pub. L. 87-420, 17(e), Mar. 20, 1962, 76 Stat. 42; amended
Pub. L. 91-452, title II, 225, Oct. 15, 1970, 84 Stat. 930; Pub. L.
93-406, title I, 111(a)(2)(C), Sept. 2, 1974, 88 Stat. 852.)
The Employee Retirement Income Security Act of 1974, referred to in
text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 832, as amended.
Title I of the Employee Retirement Income Security Act of 1974, referred
to in text, is classified generally to subchapter I ( 1001 et seq.) of
chapter 18 of Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section 1001 of Title 29
and Tables.
Section 3(4) of the Employee Retirement Income Security Act of 1974,
referred to in text, is classified to section 1002(4) of Title 29.
Section (3)(16) of the Employee Retirement Income Security Act of
1974, referred to in text, probably means section 3(16) of the Employee
Retirement Income Security Act of 1974, which is classified to section
1002(16) of Title 29.
1974 -- Pub. L. 93-406 substituted ''any employee welfare benefit
plan or employee pension benefit plan, respectively, subject to any
provision of title I of the Employee Retirement Income Security Act of
1974'' for ''any such plan subject to the provisions of the Welfare and
Pension Plans Disclosure Act, as amended'' and ''sections 3(4) and
(3)(16) of the Employee Retirement Income Security Act of 1974'' for
''sections 3(3) and 5(b)(1) and (2) of the Welfare and Pension Plans
Disclosure Act, as amended''.
1970 -- Pub. L. 91-452 struck out letter designation ''(a)''
preceding first sentence and struck out subsec. (b) which related to
the immunity from prosecution of any witness compelled to testify or
produce evidence after claiming his privilege against
self-incrimination. See section 6001 et seq. of this title.
Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as
provided in section 1031(b)(2) of Title 29, Labor, see section 1031 of
Title 29.
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L.
91-452, set out as an Effective Date; Savings Provision note under
sections 6001 of this title.
Section effective 90 days after Mar. 20, 1962, see section 19 of
Pub. L. 87-420, set out as a note under section 664 of this title.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC 1955. Prohibition of illegal gambling businesses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever conducts, finances, manages, supervises, directs, or owns
all or part of an illegal gambling business shall be fined not more than
$20,000 or imprisoned not more than five years, or both.
(b) As used in this section --
(1) ''illegal gambling business'' means a gambling business which --
(i) is a violation of the law of a State or political subdivision in
which it is conducted;
(ii) involves five or more persons who conduct, finance, manage,
supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a
period in excess of thirty days or has a gross revenue of $2,000 in any
single day.
(2) ''gambling'' includes but is not limited to pool-selling,
bookmaking, maintaining slot machines, roulette wheels or dice tables,
and conducting lotteries, policy, bolita or numbers games, or selling
chances therein.
(3) ''State'' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(c) If five or more persons conduct, finance, manage, supervise,
direct, or own all or part of a gambling business and such business
operates for two or more successive days, then, for the purpose of
obtaining warrants for arrests, interceptions, and other searches and
seizures, probable cause that the business receives gross revenue in
excess of $2,000 in any single day shall be deemed to have been
established.
(d) Any property, including money, used in violation of the
provisions of this section may be seized and forfeited to the United
States. All provisions of law relating to the seizures, summary, and
judicial forfeiture procedures, and condemnation of vessels, vehicles,
merchandise, and baggage for violation of the customs laws; the
disposition of such vessels, vehicles, merchandise, and baggage or the
proceeds from such sale; the remission or mitigation of such
forfeitures; and the compromise of claims and the award of compensation
to informers in respect of such forfeitures shall apply to seizures and
forfeitures incurred or alleged to have been incurred under the
provisions of this section, insofar as applicable and not inconsistent
with such provisions. Such duties as are imposed upon the collector of
customs or any other person in respect to the seizure and forfeiture of
vessels, vehicles, merchandise, and baggage under the customs laws shall
be performed with respect to seizures and forfeitures of property used
or intended for use in violation of this section by such officers,
agents, or other persons as may be designated for that purpose by the
Attorney General.
(e) This section shall not apply to any bingo game, lottery, or
similar game of chance conducted by an organization exempt from tax
under paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, as amended, if no part of the gross receipts
derived from such activity inures to the benefits of any private
shareholder, member, or employee of such organization except as
compensation for actual expenses incurred by him in the conduct of such
activity.
(Added Pub. L. 91-452, title VIII, 803(a), Oct. 15, 1970, 84 Stat.
937; amended Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
Paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, referred to in subsec. (e), is classified to
section 501(c)(3) of Title 26, Internal Revenue Code.
1986 -- Subsec. (e). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
Offices of collector of customs, comptroller of customs, surveyor of
customs, and appraiser of merchandise in Bureau of Customs of Department
of the Treasury to which appointments were required to be made by
President with advice and consent of Senate ordered abolished, with such
offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan
No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set
out in the Appendix to Title 5, Government Organization and Employees.
Functions of offices eliminated were already vested in Secretary of the
Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R.
4935, 64 Stat. 1280, set out in the Appendix to Title 5.
Enactment of this section as not indicating an intent on the part of
the Congress to occupy the field in which this section operates to the
exclusion of State of local law on the same subject matter, or to
relieve any person of any obligation imposed by any State or local law,
see section 811 of Pub. L. 91-452, set out as a Priority of State Laws
note under section 1511 of this title.
Sections 804-809 of Pub. L. 91-452 established Commission on Review
of National Policy Toward Gambling, provided for its membership and
compensation of members and staff, empowered Commission to subpoena
witnesses and grant immunity, required Commission to make a study of
gambling in United States and existing Federal, State, and local policy
and practices with respect to prohibition and taxation of gambling
activities and to make a final report of its findings and
recommendations to President and to Congress within four years of its
establishment, and provided for its termination sixty days after
submission of final report.
18 USC 1956. Laundering of monetary instruments
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) Whoever, knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful activity,
conducts or attempts to conduct such a financial transaction which in
fact involves the proceeds of specified unlawful activity --
(A)(i) with the intent to promote the carrying on of specified
unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of
section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in part --
(i) to conceal or disguise the nature, the location, the source, the
ownership, or the control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting requirement under State or
Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the
value of the property involved in the transaction, whichever is greater,
or imprisonment for not more than twenty years, or both.
(2) Whoever transports, transmits, or transfers, or attempts to
transport, transmit, or transfer a monetary instrument or funds from a
place in the United States to or through a place outside the United
States or to a place in the United States from or through a place
outside the United States --
(A) with the intent to promote the carrying on of specified unlawful
activity; or
(B) knowing that the monetary instrument or funds involved in the
transportation, transmission, or transfer. /1/ represent the proceeds
of some form of unlawful activity and knowing that such transportation,
transmission, or transfer. /1/ is designed in whole or in part --
(i) to conceal or disguise the nature, the location, the source, the
ownership, or the control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting requirement under State or
Federal law,
shall be sentenced to a fine of $500,000 or twice the value of the
monetary instrument or funds involved in the transportation,
transmission, or transfer., /1/ whichever is greater, or imprisonment
for not more than twenty years, or both. For the purpose of the offense
described in subparagraph (B), the defendant's knowledge may be
established by proof that a law enforcement officer represented the
matter specified in subparagraph (B) as true, and the defendant's
subsequent statements or actions indicate that the defendant believed
such representations to be true.
(3) Whoever, with the intent --
(A) to promote the carrying on of specified unlawful activity;
(B) to conceal or disguise the nature, location, source, ownership,
or control of property believed to be the proceeds of specified unlawful
activity; or
(C) to avoid a transaction reporting requirement under State or
Federal law,
conducts or attempts to conduct a financial transaction involving
property represented to be the proceeds of specified unlawful activity,
or property used to conduct or facilitate specified unlawful activity,
shall be fined under this title or imprisoned for not more than 20
years, or both. For purposes of this paragraph and paragraph (2), the
term ''represented'' means any representation made by a law enforcement
officer or by another person at the direction of, or with the approval
of, a Federal official authorized to investigate or prosecute violations
of this section.
(b) Whoever conducts or attempts to conduct a transaction described
in subsection (a)(1), or a transportation, transmission, or transfer.
/1/ described in subsection (a)(2), is liable to the United States for a
civil penalty of not more than the greater of --
(1) the value of the property, funds, or monetary instruments
involved in the transaction; or
(2) $10,000.
(c) As used in this section --
(1) the term ''knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful activity''
means that the person knew the property involved in the transaction
represented proceeds from some form, though not necessarily which form,
of activity that constitutes a felony under State, Federal, or foreign
law, regardless of whether or not such activity is specified in
paragraph (7);
(2) the term ''conducts'' includes initiating, concluding, or
participating in initiating, or concluding a transaction;
(3) the term ''transaction'' includes a purchase, sale, loan, pledge,
gift, transfer, delivery, or other disposition, and with respect to a
financial institution includes a deposit, withdrawal, transfer between
accounts, exchange of currency, loan, extension of credit, purchase or
sale of any stock, bond, certificate of deposit, or other monetary
instrument, use of a safe deposit box, or any other payment, transfer,
or delivery by, through, or to a financial institution, by whatever
means effected;
(4) the term ''financial transaction'' means (A) a transaction which
in any way or degree affects interstate or foreign commerce (i)
involving the movement of funds by wire or other means or (ii) involving
one or more monetary instruments, or (iii) involving the transfer of
title to any real property, vehicle, vessel, or aircraft, or (B) a
transaction involving the use of a financial institution which is
engaged in, or the activities of which affect, interstate or foreign
commerce in any way or degree;
(5) the term ''monetary instruments'' means (i) coin or currency of
the United States or of any other country, travelers' checks, personal
checks, bank checks, and money orders, or (ii) investment securities or
negotiable instruments, in bearer form or otherwise in such form that
title thereto passes upon delivery;
(6) the term ''financial institution'' has the definition given that
term in section 5312(a)(2) of title 31, United States Code, or the
regulations promulgated thereunder;
(7) the term ''specified unlawful activity'' means --
(A) any act or activity constituting an offense listed in section
1961(1) of this title except an act which is indictable under subchapter
II of chapter 53 of title 31;
(B) with respect to a financial transaction occurring in whole or in
part in the United States, an offense against a foreign nation involving
--
(i) the manufacture, importation, sale, or distribution of a
controlled substance (as such term is defined for the purposes of the
Controlled Substances Act);
(ii) kidnaping, robbery, or extortion; or
(iii) fraud, or any scheme or attempt to defraud, by or against a
foreign bank (as defined in paragraph 7 of section 1(b) of the
International Banking Act of 1978; /2/
(C) any act or acts constituting a continuing criminal enterprise, as
that term is defined in section 408 of the Controlled Substances Act (21
U.S.C. 848);
(D) an offense under section 152 (relating to concealment of assets;
false oaths and claims; bribery), section 215 (relating to commissions
or gifts for procuring loans), any of sections 500 through 503 (relating
to certain counterfeiting offenses), section 513 (relating to securities
of States and private entities), section 542 (relating to entry of goods
by means of false statements), section 545 (relating to smuggling goods
into the United States), section 549 (relating to removing goods from
Customs custody), section 641 (relating to public money, property, or
records), section 656 (relating to theft, embezzlement, or
misapplication by bank officer or employee), section 657 (relating to
lending, credit, and insurance institutions), section 658 (relating to
property mortgaged or pledged to farm credit agencies), section 666
(relating to theft or bribery concerning programs receiving Federal
funds), section 793, 794, or 798 (relating to espionage), section 875
(relating to interstate communications), section 1005 (relating to
fraudulent bank entries), 1006 (relating to fraudulent Federal credit
institution entries), 1007 (relating to Federal Deposit Insurance
transactions), 1014 (relating to fraudulent loan or credit
applications), 1032 (relating to concealment of assets from conservator,
receiver, or liquidating agent of financial institution), section 1201
(relating to kidnaping), section 1203 (relating to hostage taking),
section 1708 (theft from the mail), section 2113 or 2114 (relating to
bank and postal robbery and theft), or section 2319 (relating to
copyright infringement) of this title, a felony violation of the
Chemical Diversion and Trafficking Act of 1988 (relating to precursor
and essential chemicals), section 590 of the Tariff Act of 1930 (19
U.S.C. 1590) (relating to aviation smuggling), section 422 of the
Controlled Substances Act (relating to transportation of drug
paraphernalia), section 38(c) (relating to criminal violations) of the
Arms Export Control Act, section 11 (relating to violations) of the
Export Administration Act of 1979, section 206 (relating to penalties)
of the International Emergency Economic Powers Act, section 16 (relating
to offenses and punishment) of the Trading with the Enemy Act, any
felony violation of section 9(c) of the Food Stamp Act of 1977 (relating
to food stamp fraud) involving a quantity of coupons having a value of
not less than $5,000, or any felony violation of the Foreign Corrupt
Practices Act; or
/1/ So in original. The period probably should not appear.
/2/ So in original. A closing parenthesis probably should precede
the semicolon.
18 USC environmental crimes
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(E) a felony violation of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C. 1401 et seq.),
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the
Safe Drinking Water Act (42 U.S.C. 300f et seq.), or the Resources
Conservation and Recovery Act (42 U.S.C. 6901 et seq.).. /3/
(8) the term ''State'' includes a State of the United States, the
District of Columbia, and any commonwealth, territory, or possession of
the United States.
(d) Nothing in this section shall supersede any provision of Federal,
State, or other law imposing criminal penalties or affording civil
remedies in addition to those provided for in this section.
(e) Violations of this section may be investigated by such components
of the Department of Justice as the Attorney General may direct, and by
such components of the Department of the Treasury as the Secretary of
the Treasury may direct, as appropriate and, with respect to offenses
over which the United States Postal Service has jurisdiction, by the
Postal Service. Such authority of the Secretary of the Treasury and the
Postal Service shall be exercised in accordance with an agreement which
shall be entered into by the Secretary of the Treasury, the Postal
Service, and the Attorney General. Violations of this section involving
offenses described in paragraph (c)(7)(E) may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and the National Enforcement Investigations Center of the
Evironmental /4/ Protection Agency.
(f) There is extraterritorial jurisdiction over the conduct
prohibited by this section if --
(1) the conduct is by a United States citizen or, in the case of a
non-United States citizen, the conduct occurs in part in the United
States; and
(2) the transaction or series of related transactions involves funds
or monetary instruments of a value exceeding $10,000.
(g) Notice of Conviction of Financial Institutions. -- If any
financial institution or any officer, director, or employee of any
financial institution has been found guilty of an offense under this
section, section 1957 or 1960 of this title, or section 5322 of title
31, the Attorney General shall provide written notice of such fact to
the appropriate regulatory agency for the financial institution.
(g) /5/ Any person who conspires to commit any offense defined in
this section or section 1957 shall be subject to the same penalties as
those prescribed for the offense the commission of which was the object
of the conspiracy.
(Added Pub. L. 99-570, title I, 1352(a), Oct. 27, 1986, 100 Stat.
3207-18; amended Pub. L. 100-690, title VI, 6183, 6465, 6466,
6469(a)(1), 6471(a), (b), title VII, 7031, Nov. 18, 1988, 102 Stat.
4354, 4375, 4377, 4378, 4398; Pub. L. 101-647, title I, 105-108,
title XII, 1205(j), title XIV, 1402, 1404, title XXV, 2506, title
XXXV, 3557, Nov. 29, 1990, 104 Stat. 4791, 4792, 4831, 4835, 4862,
4927; Pub. L. 102-550, title XV, 1504(c), 1524, 1526(a), 1527(a),
1530, 1531, 1534, 1536, Oct. 28, 1992, 106 Stat. 4055, 4064-4067.)
Sections 7201 and 7206 of the Internal Revenue Code of 1986, referred
to in subsec. (a)(1)(A)(ii), are classified, respectively, to sections
7201 and 7206 of Title 26, Internal Revenue Code.
The Controlled Substances Act, referred to in subsec. (c)(7)(B)(i),
(D), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, which is classified principally to subchapter I ( 801 et seq.)
of chapter 13 of Title 21, Food and Drugs. Section 422 of the Act is
classified to section 863 of Title 21. For complete classification of
this Act to the Code, see Short Title note set out under section 801 of
Title 21 and Tables.
Section 1(b) of the International Banking Act of 1978, referred to in
subsec. (c)(7)(B)(iii), is classified to section 3101 of Title 12,
Banks and Banking.
The Chemical Diversion and Trafficking Act of 1988, referred to in
subsec. (c)(7)(D), is subtitle A ( 6051-6061) of title VI of Pub. L.
100-690, Nov. 18, 1988, 102 Stat. 4312. For complete classification of
subtitle A to the Code, see Short Title of 1988 Amendment note set out
under section 801 of Title 21, Food and Drugs, and Tables.
Section 38(c) of the Arms Export Control Act, referred to in subsec.
(c)(7)(D), is classified to section 2778(c) of Title 22, Foreign
Relations and Intercourse.
Section 11 of the Export Administration Act of 1979, referred to in
subsec. (c)(7)(D), is classified to section 2410 of Title 50, Appendix,
War and National Defense.
Section 206 of the International Emergency Economic Powers Act,
referred to in subsec. (c)(7)(D), is classified to section 1705 of
Title 50.
Section 16 of the Trading with the Enemy Act, referred to in subsec.
(c)(7)(D), is classified to section 16 of Title 50, Appendix.
Section 9(c) of the Food Stamp Act of 1977, referred to in subsec.
(c)(7)(D), is classified to section 2018(c) of Title 7, Agriculture.
The Foreign Corrupt Practices Act, referred to in subsec. (c)(7)(D),
probably means the ''Foreign Corrupt Practices Act of 1977, title I of
Pub. L. 95-213, Dec. 19, 1977, 91 Stat. 1494, as amended, which
enacted sections 78dd-1 and 78dd-2 of Title 15, Commerce and Trade, and
amended sections 78m and 78ff of Title 15. For complete classification
of this Act to the Code, see Short Title of 1977 Amendment note set out
under section 78a of Title 15 and Tables.
The Federal Water Pollution Control Act, referred to in subsec.
(c)(7)(E), is act June 30, 1948, ch. 758, as amended generally by Pub.
L. 92-500, 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to chapter 26 ( 1251 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this Act to the Code,
see Short Title note set out under section 1251 of Title 33 and Tables.
The Ocean Dumping Act, referred to in subsec. (c)(7)(E), probably
means title I of the Marine Protection, Research, and Sanctuaries Act of
1972, Pub. L. 92-532, Oct. 23, 1972, 86 Stat. 1053, as amended, which
is classified generally to subchapter I ( 1411 et seq.) of chapter 27 of
Title 33. For complete classification of title I to the Code, see
Tables.
The Act to Prevent Pollution from Ships, referred to in subsec.
(c)(7)(E), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, as
amended, which is classified principally to chapter 33 ( 1901 et seq.)
of Title 33. For complete classification of this Act to the Code, see
Short Title note set out under section 1901 of Title 33 and Tables.
The Safe Drinking Water Act, referred to in subsec. (c)(7)(E), is
Pub. L. 93-523, Dec. 16, 1974, 88 Stat. 1660, as amended, which is
classified principally to subchapter XII ( 300f et seq.) of chapter 6A
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title of 1974 Amendment note set out
under section 201 of Title 42 and Tables.
The Resources Conservation and Recovery Act, referred to in subsec.
(c)(7)(E), probably means the Resource Conservation and Recovery Act of
1976, Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796, as amended, which
is classified generally to chapter 82 ( 6901 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title note
set out under section 6901 of Title 42 and Tables.
1992 -- Subsec. (a)(2). Pub. L. 102-550, 1531(a), substituted
''transportation, transmission, or transfer.'' for ''transportation''
wherever appearing in subpar. (B) and concluding provisions.
Subsec. (a)(3). Pub. L. 102-550, 1531(b), in concluding provisions,
substituted ''property represented to be the proceeds'' for ''property
represented by a law enforcement officer to be the proceeds''.
Subsec. (b). Pub. L. 102-550, 1531(a), substituted ''transportation,
transmission, or transfer.'' for ''transportation'' in introductory
provisions.
Subsec. (c)(3). Pub. L. 102-550, 1527(a)(2), inserted ''use of a
safe deposit box,'' before ''or any other payment''.
Subsec. (c)(4)(A). Pub. L. 102-550, 1527(a)(1), added clause (iii),
struck out ''which in any way or degree affects interstate or foreign
commerce,'' after ''or aircraft,'' and inserted ''which in any way or
degree affects interstate or foreign commerce'' after ''(A) or
transaction''.
Subsec. (c)(6). Pub. L. 102-550, 1526(a), substituted ''or the
regulations'' for ''and the regulations''.
Subsec. (c)(7)(B). Pub. L. 102-550, 1536, designated part of
existing provisions as cl. (i) and added cls. (ii) and (iii).
Subsec. (c)(7)(D). Pub. L. 102-550, 1524, 1534(1), (2), struck out
''1341 (relating to mail fraud) or section 1343 (relating to wire fraud)
affecting a financial institution, section 1344 (relating to bank
fraud),'' after ''hostage taking),'', inserted ''section 1708 (theft
from the mail),'' before ''section 2113'', substituted ''section 422 of
the Controlled Substances Act'' for ''section 1822 of the Mail Order
Drug Paraphernalia Control Act (100 Stat. 3207-51; 21 U.S.C. 857)'',
and struck out ''or'' before ''section 16''.
Pub. L. 102-550, 1534(3), which directed insertion of '', any felony
violation of section 9(c) of the Food Stamp Act of 1977 (relating to
food stamp fraud) involving a quantity of coupons having a value of not
less than $5,000, or any felony violation of the Foreign Corrupt
Practices Act'' before semicolon, was executed by making insertion
before semicolon at end to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 102-550, 1530, added subsec. (g) relating to
penalty for money laundering conspiracies.
Pub. L. 102-550, 1504(c), added subsec. (g) relating to notice of
conviction of financial institutions.
1990 -- Subsec. (a)(2). Pub. L. 101-647, 108(1), inserted at end
''For the purpose of the offense described in subparagraph (B), the
defendant's knowledge may be established by proof that a law enforcement
officer represented the matter specified in subparagraph (B) as true,
and the defendant's subsequent statements or actions indicate that the
defendant believed such representations to be true.''
Subsec. (a)(3). Pub. L. 101-647, 108(2), inserted ''and paragraph
(2)'' after ''this paragraph'' in last sentence.
Subsec. (c)(1). Pub. L. 101-647, 106, substituted ''State, Federal,
or foreign'' for ''State or Federal''.
Subsec. (c)(4). Pub. L. 101-647, 1402, inserted ''(A)'' before ''a
transaction'' the first place it appears, ''(B)'' before ''a
transaction'' the second place it appears, ''(i)'' before ''involving''
the first place it appears, and ''(ii)'' before ''involving'' the second
place it appears.
Subsec. (c)(5). Pub. L. 101-647, 105, amended par. (5) generally.
Prior to amendment, par. (5) read as follows: ''the term 'monetary
instruments' means coin or currency of the United States or of any other
country, travelers'' checks, personal checks, bank checks, money orders,
investment securities in bearer form or otherwise in such form that
title thereto passes upon delivery, and negotiable instruments in bearer
form or otherwise in such form that title thereto passes upon
delivery;''.
Subsec. (c)(7)(A). Pub. L. 101-647, 3557(1), substituted
''subchapter II of chapter 53 of title 31'' for ''the Currency and
Foreign Transactions Reporting Act''.
Subsec. (c)(7)(C). Pub. L. 101-647, 1404(a)(1), struck out ''or'' at
end.
Subsec. (c)(7)(D). Pub. L. 101-647, 3557, substituted ''section
2113'' for ''or section 2113'', substituted ''theft), or'' for ''theft)
of this title,'', inserted ''of this title'' after ''2319 (relating to
copyright infringement)'', substituted ''paraphernalia'' for
''paraphenalia'', and directed striking the final period which could not
be executed because of the intervening amendment by Pub. L. 101-647,
1404(a)(2), see below.
Pub. L. 101-647, 2506(2), inserted ''section 1341 (relating to mail
fraud) or section 1343 (relating to wire fraud) affecting a financial
institution,'' after ''section 1203 (relating to hostage taking),''.
Pub. L. 101-647, 2506(1), inserted ''section 1005 (relating to
fraudulent bank entries), 1006 (relating to fraudulent Federal credit
institution entries), 1007 (relating to Federal Deposit Insurance
transactions), 1014 (relating to fraudulent loan or credit
applications), 1032 (relating to concealment of assets from conservator,
receiver, or liquidating agent of financial institution),'' after
''section 875 (relating to interstate communications),''.
Pub. L. 101-647, 1404(a)(2), inserted ''; or'' after ''Trading with
the Enemy Act'' at end.
Pub. L. 101-647, 107, substituted ''a felony violation of the
Chemical Diversion and Trafficking Act of 1988'' for ''section 310 of
the Controlled Substances Act (21 U.S.C. 830)''.
Subsec. (c)(7)(E). Pub. L. 101-647, 1404(a)(2), amended par. (7) by
inserting ''; or'' and subpar. (E) before the period.
Subsec. (c)(8). Pub. L. 101-647, 1205(j), added par. (8).
Subsec. (e). Pub. L. 101-647, 1404(b), inserted at end ''Violations
of this section involving offenses described in paragraph (c)(7)(E) may
be investigated by such components of the Department of Justice as the
Attorney General may direct, and the National Enforcement Investigations
Center of the Evironmental (sic) Protection Agency.''
1988 -- Subsec. (a)(1)(A). Pub. L. 100-690, 6471(a), amended
subpar. (A) generally, designating existing provisions as cl. (i) and
adding cl. (ii).
Subsec. (a)(2). Pub. L. 100-690, 6471(b), substituted ''transports,
transmits, or transfers, or attempts to transport, transmit, or
transfer'' for ''transports or attempts to transport'' in introductory
provisions.
Subsec. (a)(3). Pub. L. 100-690, 6465, added par. (3).
Subsec. (c)(7)(D). Pub. L. 100-690, 7031, substituted ''section
513'' for ''section 511'' and ''section 545'' for ''section 543'' and
inserted ''section 657 (relating to lending, credit, and insurance
institutions), section 658 (relating to property mortgaged or pledged to
farm credit agencies),''.
Pub. L. 100-690, 6466, inserted ''section 542 (relating to entry of
goods by means of false statements),'', ''section 549 (relating to
removing goods from Customs custody),'', and ''section 2319 (relating to
copyright infringement), section 310 of the Controlled Substances Act
(21 U.S.C. 830) (relating to precursor and essential chemicals), section
590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling), section 1822 of the Mail Order Drug Paraphernalia Control
Act (100 Stat. 3207-51; 21 U.S.C. 857) (relating to transportation of
drug paraphenalia (sic)),''.
Pub. L. 100-690, 6183, substituted ''section 38(c) (relating to
criminal violations) of the Arms Export Control Act, section 11
(relating to violations) of the Export Administration Act of 1979,
section 206 (relating to penalties) of the International Emergency
Economic Powers Act, or section 16 (relating to offenses and punishment)
of the Trading with the Enemy Act.'' for ''section 38 of the Arms Export
Control Act (22 U.S.C. 2778), section 2 (relating to criminal penalties)
of the Export Administration Act of 1979 (50 U.S.C. App. 2401), section
203 (relating to criminal sanctions) of the International Emergency
Economic Powers Act (50 U.S.C. 1702), or section 3 (relating to criminal
violations) of the Trading with the Enemy Act (50 U.S.C. App. 3)''.
Subsec. (e). Pub. L. 100-690, 6469(a)(1), substituted ''and, with
respect to offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the Secretary of
the Treasury and the Postal Service shall be exercised in accordance
with an agreement which shall be entered into by the Secretary of the
Treasury, the Postal Service, and the Attorney General.'' for ''. Such
authority of the Secretary of the Treasury shall be exercised in
accordance with an agreement which shall be entered into by the
Secretary of the Treasury and the Attorney General.''
1772d, 1786, 1818, 1821, 1829, 3105, 3413, 3420;
title 22 section 2714; title 28 section 524.
/3/ So in original.
/4/ So in original. Probably should be ''Environmental''.
/5/ So in original. Probably should be subsection ''(h)''.
18 USC 1957. Engaging in monetary transactions in property derived
from specified unlawful activity
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, in any of the circumstances set forth in subsection (d),
knowingly engages or attempts to engage in a monetary transaction in
criminally derived property of a value greater than $10,000 and is
derived from specified unlawful activity, shall be punished as provided
in subsection (b).
(b)(1) Except as provided in paragraph (2), the punishment for an
offense under this section is a fine under title 18, United States Code,
or imprisonment for not more than ten years or both.
(2) The court may impose an alternate fine to that imposable under
paragraph (1) of not more than twice the amount of the criminally
derived property involved in the transaction.
(c) In a prosecution for an offense under this section, the
Government is not required to prove the defendant knew that the offense
from which the criminally derived property was derived was specified
unlawful activity.
(d) The circumstances referred to in subsection (a) are --
(1) that the offense under this section takes place in the United
States or in the special maritime and territorial jurisdiction of the
United States; or
(2) that the offense under this section takes place outside the
United States and such special jurisdiction, but the defendant is a
United States person (as defined in section 3077 of this title, but
excluding the class described in paragraph (2)(D) of such section).
(e) Violations of this section may be investigated by such components
of the Department of Justice as the Attorney General may direct, and by
such components of the Department of the Treasury as the Secretary of
the Treasury may direct, as appropriate and, with respect to offenses
over which the United States Postal Service has jurisdiction, by the
Postal Service. Such authority of the Secretary of the Treasury and the
Postal Service shall be exercised in accordance with an agreement which
shall be entered into by the Secretary of the Treasury, the Postal
Service, and the Attorney General.
(f) As used in this section --
(1) the term ''monetary transaction'' means the deposit, withdrawal,
transfer, or exchange, in or affecting interstate or foreign commerce,
of funds or a monetary instrument (as defined in section 1956(c)(5) of
this title) by, through, or to a financial institution (as defined in
section 1956 of this title),, /1/ including any transaction that would
be a financial transaction under section 1956(c)(4)(B) of this title,
but such term does not include any transaction necessary to preserve a
person's right to representation as guaranteed by the sixth amendment to
the Constitution;
(2) the term ''criminally derived property'' means any property
constituting, or derived from, proceeds obtained from a criminal
offense; and
(3) the term ''specified unlawful activity'' has the meaning given
that term in section 1956 of this title.
(Added Pub. L. 99-570, title I, 1352(a), Oct. 27, 1986, 100 Stat.
3207-21; amended Pub. L. 100-690, title VI, 6182, 6184, 6469(a)(2),
Nov. 18, 1988, 102 Stat. 4354, 4377; Pub. L. 102-550, title XV,
1526(b), 1527(b), Oct. 28, 1992, 106 Stat. 4065.)
1992 -- Subsec. (f)(1). Pub. L. 102-550 substituted ''section 1956
of this title'' for ''section 5312 of title 31'' and inserted '',
including any transaction that would be a financial transaction under
section 1956(c)(4)(B) of this title,'' before ''but such term does not
include''.
1988 -- Subsec. (e). Pub. L. 100-690, 6469(a)(2), substituted
''and, with respect to offenses over which the United States Postal
Service has jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury and the Postal Service shall be exercised in
accordance with an agreement which shall be entered into by the
Secretary of the Treasury, the Postal Service, and the Attorney
General.'' for ''. Such authority of the Secretary of the Treasury shall
be exercised in accordance with an agreement which shall be entered into
by the Secretary of the Treasury and the Attorney General.''
Subsec. (f)(1). Pub. L. 100-690, 6182, 6184, substituted ''in
section 1956(c)(5) of this title'' for ''for the purposes of subchapter
II of chapter 53 of title 31'' and inserted '', but such term does not
include any transaction necessary to preserve a person's right to
representation as guaranteed by the sixth amendment to the
Constitution''.
section 524.
/1/ So in original.
18 USC 1958. Use of interstate commerce facilities in the commission
of murder-for-hire
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever travels in or causes another (including the intended
victim) to travel in interstate or foreign commerce, or uses or causes
another (including the intended victim) to use the mail or any facility
in interstate or foreign commerce, with intent that a murder be
committed in violation of the laws of any State or the United States as
consideration for the receipt of, or as consideration for a promise or
agreement to pay, anything of pecuniary value, shall be fined not more
than $10,000 or imprisoned for not more than ten years, or both; and if
personal injury results, shall be fined not more than $20,000 and
imprisoned for not more than twenty years, or both; and if death
results, shall be subject to imprisonment for any term of years or for
life, or shall be fined not more than $50,000, or both.
(b) As used in this section and section 1959 --
(1) ''anything of pecuniary value'' means anything of value in the
form of money, a negotiable instrument, a commercial interest, or
anything else the primary significance of which is economic advantage;
(2) ''facility of interstate commerce'' includes means of
transportation and communication; and
(3) ''State'' includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the United
States.
(Added Pub. L. 98-473, title II, 1002(a), Oct. 12, 1984, 98 Stat.
2136, 1952A; renumbered 1958 and amended Pub. L. 100-690, title VII,
7053(a), 7058(b), Nov. 18, 1988, 102 Stat. 4402, 4403; Pub. L.
101-647, title XII, 1205(k), title XXXV, 3558, Nov. 29, 1990, 104
Stat. 4831, 4927.)
1990 -- Subsec. (b). Pub. L. 101-647, 3558, substituted ''section
1959'' for ''section 1952B'' in introductory provisions.
Subsec. (b)(3). Pub. L. 101-647, 1205(k), added par. (3).
1988 -- Pub. L. 100-690, 7053(a), renumbered section 1952A of this
title as this section.
Subsec. (a). Pub. L. 100-690, 7058(b), substituted ''ten years'' for
''five years''.
18 USC 1959. Violent crimes in aid of racketeering activity
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, as consideration for the receipt of, or as consideration
for a promise or agreement to pay, anything of pecuniary value from an
enterprise engaged in racketeering activity, or for the purpose of
gaining entrance to or maintaining or increasing position in an
enterprise engaged in racketeering activity, murders, kidnaps, maims,
assaults with a dangerous weapon, commits assault resulting in serious
bodily injury upon, or threatens to commit a crime of violence against
any individual in violation of the laws of any State or the United
States, or attempts or conspires so to do, shall be punished --
(1) for murder or kidnaping, by imprisonment for any term of years or
for life or a fine of not more than $50,000, or both;
(2) for maiming, by imprisonment for not more than thirty years or a
fine of not more than $30,000, or both;
(3) for assault with a dangerous weapon or assault resulting in
serious bodily injury, by imprisonment for not more than twenty years or
a fine of not more than $20,000, or both;
(4) for threatening to commit a crime of violence, by imprisonment
for not more than five years or a fine of not more than $5,000, or both;
(5) for attempting or conspiring to commit murder or kidnaping, by
imprisonment for not more than ten years or a fine of not more than
$10,000, or both; and
(6) for attempting or conspiring to commit a crime involving maiming,
assault with a dangerous weapon, or assault resulting in serious bodily
injury, by imprisonment for not more than three years or a fine of not
more than $3,000, or both.
(b) As used in this section --
(1) ''racketeering activity'' has the meaning set forth in section
1961 of this title; and
(2) ''enterprise'' includes any partnership, corporation,
association, or other legal entity, and any union or group of
individuals associated in fact although not a legal entity, which is
engaged in, or the activities of which affect, interstate or foreign
commerce.
(Added Pub. L. 98-473, title II, 1002(a), Oct. 12, 1984, 98 Stat.
2137, 1952B; renumbered 1959, Pub. L. 100-690, title VII, 7053(b),
Nov. 18, 1988, 102 Stat. 4402.)
1988 -- Pub. L. 100-690 renumbered section 1952B of this title as
this section.
18 USC 1960. Prohibition of illegal money transmitting businesses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever conducts, controls, manages, supervises, directs, or owns
all or part of a business, knowing the business is an illegal money
transmitting business, shall be fined in accordance with this title or
imprisoned not more than 5 years, or both.
(b) As used in this section --
(1) the term ''illegal money transmitting business'' means a money
transmitting business that affects interstate or foreign commerce in any
manner or degree and which is knowingly operated in a State --
(A) without the appropriate money transmitting State license; and
(B) where such operation is punishable as a misdemeanor or a felony
under State law;
(2) the term ''money transmitting'' includes but is not limited to
transferring funds on behalf of the public by any and all means
including but not limited to transfers within this country or to
locations abroad by wire, check, draft, facsimile, or courier; and
(3) the term ''State'' means any State of the United States, the
District of Columbia, the Northern Mariana Islands, and any
commonwealth, territory, or possession of the United States.
(Added Pub. L. 102-550, title XV, 1512(a), Oct. 28, 1992, 106 Stat.
4057.)
18 USC CHAPTER 96 -- RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1961. Definitions.
1962. Prohibited activities.
1963. Criminal penalties.
1964. Civil remedies.
1965. Venue and process.
1966. Expedition of actions.
1967. Evidence.
1968. Civil investigative demand.
1990 -- Pub. L. 101-647, title XXXV, 3559, Nov. 29, 1990, 104
Stat. 4927, struck out ''racketeering'' after ''Prohibited'' in item
1962.
1970 -- Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
941, added chapter 96 and items 1961 to 1968.
18 USC 1961. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) ''racketeering activity'' means (A) any act or threat involving
murder, kidnaping, gambling, arson, robbery, bribery, extortion, dealing
in obscene matter, or dealing in narcotic or other dangerous drugs,
which is chargeable under State law and punishable by imprisonment for
more than one year; (B) any act which is indictable under any of the
following provisions of title 18, United States Code: Section 201
(relating to bribery), section 224 (relating to sports bribery),
sections 471, 472, and 473 (relating to counterfeiting), section 659
(relating to theft from interstate shipment) if the act indictable under
section 659 is felonious, section 664 (relating to embezzlement from
pension and welfare funds), sections 891-894 (relating to extortionate
credit transactions), section 1029 (relating to fraud and related
activity in connection with access devices), section 1084 (relating to
the transmission of gambling information), section 1341 (relating to
mail fraud), section 1343 (relating to wire fraud), section 1344
(relating to financial institution fraud), sections 1461-1465 (relating
to obscene matter), section 1503 (relating to obstruction of justice),
section 1510 (relating to obstruction of criminal investigations),
section 1511 (relating to the obstruction of State or local law
enforcement), section 1512 (relating to tampering with a witness,
victim, or an informant), section 1513 (relating to retaliating against
a witness, victim, or an informant), section 1951 (relating to
interference with commerce, robbery, or extortion), section 1952
(relating to racketeering), section 1953 (relating to interstate
transportation of wagering paraphernalia), section 1954 (relating to
unlawful welfare fund payments), section 1955 (relating to the
prohibition of illegal gambling businesses), section 1956 (relating to
the laundering of monetary instruments), section 1957 (relating to
engaging in monetary transactions in property derived from specified
unlawful activity), section 1958 (relating to use of interstate commerce
facilities in the commission of murder-for-hire), sections 2251-2252
(relating to sexual exploitation of children), sections 2312 and 2313
(relating to interstate transportation of stolen motor vehicles),
sections 2314 and 2315 (relating to interstate transportation of stolen
property), section 2321 (relating to trafficking in certain motor
vehicles or motor vehicle parts), sections 2341-2346 (relating to
trafficking in contraband cigarettes), sections 2421-24 (relating to
white slave traffic), (C) any act which is indictable under title 29,
United States Code, section 186 (dealing with restrictions on payments
and loans to labor organizations) or section 501(c) (relating to
embezzlement from union funds), (D) any offense involving fraud
connected with a case under title 11, fraud in the sale of securities,
or the felonious manufacture, importation, receiving, concealment,
buying, selling, or otherwise dealing in narcotic or other dangerous
drugs, punishable under any law of the United States, or (E) any act
which is indictable under the Currency and Foreign Transactions
Reporting Act.
(2) ''State'' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, any territory or possession
of the United States, any political subdivision, or any department,
agency, or instrumentality thereof;
(3) ''person'' includes any individual or entity capable of holding a
legal or beneficial interest in property;
(4) ''enterprise'' includes any individual, partnership, corporation,
association, or other legal entity, and any union or group of
individuals associated in fact although not a legal entity;
(5) ''pattern of racketeering activity'' requires at least two acts
of racketeering activity, one of which occurred after the effective date
of this chapter and the last of which occurred within ten years
(excluding any period of imprisonment) after the commission of a prior
act of racketeering activity;
(6) ''unlawful debt'' means a debt (A) incurred or contracted in
gambling activity which was in violation of the law of the United
States, a State or political subdivision thereof, or which is
unenforceable under State or Federal law in whole or in part as to
principal or interest because of the laws relating to usury, and (B)
which was incurred in connection with the business of gambling in
violation of the law of the United States, a State or political
subdivision thereof, or the business of lending money or a thing of
value at a rate usurious under State or Federal law, where the usurious
rate is at least twice the enforceable rate;
(7) ''racketeering investigator'' means any attorney or investigator
so designated by the Attorney General and charged with the duty of
enforcing or carrying into effect this chapter;
(8) ''racketeering investigation'' means any inquiry conducted by any
racketeering investigator for the purpose of ascertaining whether any
person has been involved in any violation of this chapter or of any
final order, judgment, or decree of any court of the United States, duly
entered in any case or proceeding arising under this chapter;
(9) ''documentary material'' includes any book, paper, document,
record, recording, or other material; and
(10) ''Attorney General'' includes the Attorney General of the United
States, the Deputy Attorney General of the United States, the Associate
Attorney General of the United States, any Assistant Attorney General of
the United States, or any employee of the Department of Justice or any
employee of any department or agency of the United States so designated
by the Attorney General to carry out the powers conferred on the
Attorney General by this chapter. Any department or agency so
designated may use in investigations authorized by this chapter either
the investigative provisions of this chapter or the investigative power
of such department or agency otherwise conferred by law.
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
941; amended Pub. L. 95-575, 3(c), Nov. 2, 1978, 92 Stat. 2465; Pub.
L. 95-598, title III, 314(g), Nov. 6, 1978, 92 Stat. 2677; Pub. L.
98-473, title II, 901(g), 1020, Oct. 12, 1984, 98 Stat. 2136, 2143;
Pub. L. 98-547, title II, 205, Oct. 25, 1984, 98 Stat. 2770; Pub. L.
99-570, title I, 1365(b), Oct. 27, 1986, 100 Stat. 3207-35; Pub. L.
99-646, 50(a), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690, title
VII, 7013, 7020(c), 7032, 7054, 7514, Nov. 18, 1988, 102 Stat. 4395,
4396, 4398, 4402, 4489; Pub. L. 101-73, title IX, 968, Aug. 9, 1989,
103 Stat. 506; Pub. L. 101-647, title XXXV, 3560, Nov. 29, 1990, 104
Stat. 4927.)
The Currency and Foreign Transactions Reporting Act, referred to in
par. (1)(E), is title II of Pub. L. 91-508, Oct. 26, 1970, 84 Stat.
1118, which was repealed and reenacted as subchapter II of chapter 53 of
Title 31, Money and Finance, by Pub. L. 97-258, 4(b), Sept. 13, 1982,
96 Stat. 1067, the first section of which enacted Title 31.
The effective date of this chapter, referred to in par. (5), is Oct.
15, 1970.
1990 -- Par. (1)(B). Pub. L. 101-647 substituted ''section 1029
(relating to'' for ''section 1029 (relative to'' and struck out
''sections 2251 through 2252 (relating to sexual exploitation of
children),'' before '', section 1958''.
1989 -- Par. (1). Pub. L. 101-73 inserted ''section 1344 (relating
to financial institution fraud),'' after ''section 1343 (relating to
wire fraud),''.
1988 -- Par. (1)(B). Pub. L. 100-690, 7514, inserted ''sections
2251 through 2252 (relating to sexual exploitation of children),''.
Pub. L. 100-690, 7054, inserted '', section 1029 (relative to fraud
and related activity in connection with access devices)'' and '',
section 1958 (relating to use of interstate commerce facilities in the
commission of murder-for-hire), sections 2251-2252 (relating to sexual
exploitation of children)''.
Pub. L. 100-690, 7032, substituted ''section 2321'' for ''section
2320''.
Pub. L. 100-690, 7013, made technical amendment to directory
language of Pub. L. 99-646. See 1986 Amendment note below.
Par. (10). Pub. L. 100-690, 7020(c), inserted ''the Associate
Attorney General of the United States,'' after ''Deputy Attorney General
of the United States,''.
1986 -- Par. (1)(B). Pub. L. 99-646, as amended by Pub. L.
100-690, 7013, inserted ''section 1512 (relating to tampering with a
witness, victim, or an informant), section 1513 (relating to retaliating
against a witness, victim, or an informant),'' after ''section 1511
(relating to the obstruction of State or local law enforcement),''.
Pub. L. 99-570 inserted ''section 1956 (relating to the laundering of
monetary instruments), section 1957 (relating to engaging in monetary
transactions in property derived from specified unlawful activity),''.
1984 -- Par. (1)(A). Pub. L. 98-473, 1020(1), inserted ''dealing in
obscene matter,'' after ''extortion,''.
Par. (1)(B). Pub. L. 98-547 inserted ''sections 2312 and 2313
(relating to interstate transportation of stolen motor vehicles),'' and
''section 2320 (relating to trafficking in certain motor vehicles or
motor vehicle parts),''.
Pub. L. 98-473, 1020(2), inserted ''sections 1461-1465 (relating to
obscene matter),''.
Par. (1)(E). Pub. L. 98-473, 901(g), inserted cl. (E).
1978 -- Par. (1)(B). Pub. L. 95-575 inserted ''sections 2341-2346
(relating to trafficking in contraband cigarettes),''.
Par. (1)(D). Pub. L. 95-598 substituted ''fraud connected with a case
under title 11'' for ''bankruptcy fraud''.
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95-575 effective Nov. 2, 1978, see section 4
of Pub. L. 95-575, set out as an Effective Date note under section 2341
of this title.
Section 301 of chapter III ( 301-322) of title II of Pub. L.
98-473 provided that: ''This title (probably means this chapter,
enacting sections 1589, 1600, 1613a, and 1616 of Title 19, Customs
Duties and sections 853, 854, and 970 of Title 21, Food and Drugs,
amending section 1963 of this title and sections 1602, 1605, 1606, 1607,
1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, 1619, and 1644 of
Title 19, sections 824, 848, and 881 of Title 21, and section 524 of
Title 28, Judiciary and Judicial Procedure, and repealing section 7607
of Title 26, Internal Revenue Code) may be cited as the 'Comprehensive
Forfeiture Act of 1984'.''
Section 1 of Pub. L. 91-452 provided in part: ''That this Act
(enacting this section, sections 841 to 848, 1511, 1623, 1955, 1962 to
1968, 3331 to 3334, 3503, 3504, 3575 to 3578, and 6001 to 6005 of this
title, and section 1826 of Title 28, Judiciary and Judicial Procedure,
amending sections 835, 1073, 1505, 1954, 2424, 2516, 2517, 3148, 3486,
and 3500 of this title, sections 15, 87f, 135c, 499m, and 2115 of Title
7, Agriculture, section 25 of Title 11, Bankruptcy, section 1820 of
Title 12, Banks and Banking, sections 49, 77v, 78u, 79r, 80a-41, 80b-9,
155, 717m, 1271, and 1714 of Title 15, Commerce and Trade, section 825f
of Title 16, Conservation, section 1333 of Title 19, Customs Duties,
section 373 of Title 21, Food and Drugs, section 161 of Title 29, Labor,
section 506 of Title 33, Navigation and Navigable Waters, sections 405
and 2201 of Title 42, The Public Health and Welfare, sections 157 and
362 of Title 45, Railroads, section 1124 of former Title 46, Shipping,
section 409 of Title 47, Telegraphs, Telephones, and Radio telegraphs,
sections 9, 43, 46, 916, and 1017, of former Title 49, Transportation,
and section 1484 of Title 49, Appendix, section 792 of Title 50, War and
National Defense, and sections 643a, 1152, 2026, and former section 2155
of Title 50, Appendix, repealing sections 837, 895, 1406, and 2514 of
this title, sections 32 and 33 of Title 15; sections 4874 and 7493 of
Title 26, Internal Revenue Code, section 827 of former Title 46,
sections 47 and 48 of former Title 49, and sections 121 to 144 of Title
50, enacting provisions set out as notes under this section and sections
841, 1511, 1955, preceding 3331, preceding 3481, 3504, and 6001 of this
title, and repealing provisions set out as a note under section 2510 of
this title) may be cited as the 'Organized Crime Control Act of 1970'.''
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 ( 151 et seq.), chapter 96 ( 1961 et seq.), or
section 2516, 3057, or 3284 of this title to any act of any person (1)
committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in
connection with a case commenced before such date, see section 403(d) of
Pub. L. 95-598, set out as a note preceding section 101 of Title 11,
Bankruptcy.
Section 1301 of Pub. L. 91-452 provided that: ''If the provisions
of any part of this Act (see Short Title note set out above) or the
application thereof to any person or circumstances be held invalid, the
provisions of the other parts and their application to other persons or
circumstances shall not be affected thereby.''
Section 1 of Pub. L. 91-452 provided in part that:
''The Congress finds that (1) organized crime in the United States is
a highly sophisticated, diversified, and widespread activity that
annually drains billions of dollars from America's economy by unlawful
conduct and the illegal use of force, fraud, and corruption; (2)
organized crime derives a major portion of its power through money
obtained from such illegal endeavors as syndicated gambling, loan
sharking, the theft and fencing of property, the importation and
distribution of narcotics and other dangerous drugs, and other forms of
social exploitation; (3) this money and power are increasingly used to
infiltrate and corrupt legitimate business and labor unions and to
subvert and corrupt our democratic processes; (4) organized crime
activities in the United States weaken the stability of the Nation's
economic system, harm innocent investors and competing organizations,
interfere with free competition, seriously burden interstate and foreign
commerce, threaten the domestic security, and undermine the general
welfare of the Nation and its citizens; and (5) organized crime
continues to grow because of defects in the evidence-gathering process
of the law inhibiting the development of the legally admissible evidence
necessary to bring criminal and other sanctions or remedies to bear on
the unlawful activities of those engaged in organized crime and because
the sanctions and remedies available to the Government are unnecessarily
limited in scope and impact.
''It is the purpose of this Act (see Short Title note above) to seek
the eradication of organized crime in the United States by strengthening
the legal tools in the evidence-gathering process, by establishing new
penal prohibitions, and by providing enhanced sanctions and new remedies
to deal with the unlawful activities of those engaged in organized
crime.''
Federal or State Laws; Authority of Attorneys
Representing United States
Section 904 of title IX of Pub. L. 91-452 provided that:
''(a) The provisions of this title (enacting this chapter and
amending sections 1505, 2516, and 2517 of this title) shall be liberally
construed to effectuate its remedial purposes.
''(b) Nothing in this title shall supersede any provision of Federal,
State, or other law imposing criminal penalties or affording civil
remedies in addition to those provided for in this title.
''(c) Nothing contained in this title shall impair the authority of
any attorney representing the United States to --
''(1) lay before any grand jury impaneled by any district court of
the United States any evidence concerning any alleged racketeering
violation of law;
''(2) invoke the power of any such court to compel the production of
any evidence before any such grand jury; or
''(3) institute any proceeding to enforce any order or process issued
in execution of such power or to punish disobedience of any such order
or process by any person.''
Testimony and Receipt of Evidence
Pub. L. 98-368, July 17, 1984, 98 Stat. 490, provided for the
Commission established by Ex. Ord. No. 12435, formerly set out below,
authority relating to taking of testimony, receipt of evidence, subpoena
power, testimony of persons in custody, immunity, service of process,
witness fees, access to other records and information, Federal
protection for members and staff, closure of meetings, rules, and
procedures, for the period of July 17, 1984, until the earlier of 2
years or the expiration of the Commission.
Ex. Ord. No. 12435, July 28, 1983, 48 F.R. 34723, as amended Ex.
Ord. No. 12507, Mar. 22, 1985, 50 F.R. 11835, which established and
provided for the administration of the President's Commission on
Organized Crime, was revoked by Ex. Ord. No. 12610, Sept. 30, 1987, 52
F.R. 36901, formerly set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
18 USC 1962. Prohibited activities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It shall be unlawful for any person who has received any income
derived, directly or indirectly, from a pattern of racketeering activity
or through collection of an unlawful debt in which such person has
participated as a principal within the meaning of section 2, title 18,
United States Code, to use or invest, directly or indirectly, any part
of such income, or the proceeds of such income, in acquisition of any
interest in, or the establishment or operation of, any enterprise which
is engaged in, or the activities of which affect, interstate or foreign
commerce. A purchase of securities on the open market for purposes of
investment, and without the intention of controlling or participating in
the control of the issuer, or of assisting another to do so, shall not
be unlawful under this subsection if the securities of the issuer held
by the purchaser, the members of his immediate family, and his or their
accomplices in any pattern or racketeering activity or the collection of
an unlawful debt after such purchase do not amount in the aggregate to
one percent of the outstanding securities of any one class, and do not
confer, either in law or in fact, the power to elect one or more
directors of the issuer.
(b) It shall be unlawful for any person through a pattern of
racketeering activity or through collection of an unlawful debt to
acquire or maintain, directly or indirectly, any interest in or control
of any enterprise which is engaged in, or the activities of which
affect, interstate or foreign commerce.
(c) It shall be unlawful for any person employed by or associated
with any enterprise engaged in, or the activities of which affect,
interstate or foreign commerce, to conduct or participate, directly or
indirectly, in the conduct of such enterprise's affairs through a
pattern of racketeering activity or collection of unlawful debt.
(d) It shall be unlawful for any person to conspire to violate any of
the provisions of subsection (a), (b), or (c) of this section.
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
942; amended Pub. L. 100-690, title VII, 7033, Nov. 18, 1988, 102
Stat. 4398.)
1988 -- Subsec. (d). Pub. L. 100-690 substituted ''subsection'' for
''subsections''.
18 USC 1963. Criminal penalties
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever violates any provision of section 1962 of this chapter
shall be fined under this title or imprisoned not more than 20 years (or
for life if the violation is based on a racketeering activity for which
the maximum penalty includes life imprisonment), or both, and shall
forfeit to the United States, irrespective of any provision of State law
--
(1) any interest the person has acquired or maintained in violation
of section 1962;
(2) any --
(A) interest in;
(B) security of;
(C) claim against; or
(D) property or contractual right of any kind affording a source of
influence over;
any enterprise which the person has established, operated,
controlled, conducted, or participated in the conduct of, in violation
of section 1962; and
(3) any property constituting, or derived from, any proceeds which
the person obtained, directly or indirectly, from racketeering activity
or unlawful debt collection in violation of section 1962.
The court, in imposing sentence on such person shall order, in
addition to any other sentence imposed pursuant to this section, that
the person forfeit to the United States all property described in this
subsection. In lieu of a fine otherwise authorized by this section, a
defendant who derives profits or other proceeds from an offense may be
fined not more than twice the gross profits or other proceeds.
(b) Property subject to criminal forfeiture under this section
includes --
(1) real property, including things growing on, affixed to, and found
in land; and
(2) tangible and intangible personal property, including rights,
privileges, interests, claims, and securities.
(c) All right, title, and interest in property described in
subsection (a) vests in the United States upon the commission of the act
giving rise to forfeiture under this section. Any such property that is
subsequently transferred to a person other than the defendant may be the
subject of a special verdict of forfeiture and thereafter shall be
ordered forfeited to the United States, unless the transferee
establishes in a hearing pursuant to subsection (l) that he is a bona
fide purchaser for value of such property who at the time of purchase
was reasonably without cause to believe that the property was subject to
forfeiture under this section.
(d)(1) Upon application of the United States, the court may enter a
restraining order or injunction, require the execution of a satisfactory
performance bond, or take any other action to preserve the availability
of property described in subsection (a) for forfeiture under this
section --
(A) upon the filing of an indictment or information charging a
violation of section 1962 of this chapter and alleging that the property
with respect to which the order is sought would, in the event of
conviction, be subject to forfeiture under this section; or
(B) prior to the filing of such an indictment or information, if,
after notice to persons appearing to have an interest in the property
and opportunity for a hearing, the court determines that --
(i) there is a substantial probability that the United States will
prevail on the issue of forfeiture and that failure to enter the order
will result in the property being destroyed, removed from the
jurisdiction of the court, or otherwise made unavailable for forfeiture;
and
(ii) the need to preserve the availability of the property through
the entry of the requested order outweighs the hardship on any party
against whom the order is to be entered:
Provided, however, That an order entered pursuant to subparagraph (B)
shall be effective for not more than ninety days, unless extended by the
court for good cause shown or unless an indictment or information
described in subparagraph (A) has been filed.
(2) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has not yet
been filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the property
with respect to which the order is sought would, in the event of
conviction, be subject to forfeiture under this section and that
provision of notice will jeopardize the availability of the property for
forfeiture. Such a temporary order shall expire not more than ten days
after the date on which it is entered, unless extended for good cause
shown or unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning an order
entered under this paragraph shall be held at the earliest possible
time, and prior to the expiration of the temporary order.
(3) The court may receive and consider, at a hearing held pursuant to
this subsection, evidence and information that would be inadmissible
under the Federal Rules of Evidence.
(e) Upon conviction of a person under this section, the court shall
enter a judgment of forfeiture of the property to the United States and
shall also authorize the Attorney General to seize all property ordered
forfeited upon such terms and conditions as the court shall deem proper.
Following the entry of an order declaring the property forfeited, the
court may, upon application of the United States, enter such appropriate
restraining orders or injunctions, require the execution of satisfactory
performance bonds, appoint receivers, conservators, appraisers,
accountants, or trustees, or take any other action to protect the
interest of the United States in the property ordered forfeited. Any
income accruing to, or derived from, an enterprise or an interest in an
enterprise which has been ordered forfeited under this section may be
used to offset ordinary and necessary expenses to the enterprise which
are required by law, or which are necessary to protect the interests of
the United States or third parties.
(f) Following the seizure of property ordered forfeited under this
section, the Attorney General shall direct the disposition of the
property by sale or any other commercially feasible means, making due
provision for the rights of any innocent persons. Any property right or
interest not exercisable by, or transferable for value to, the United
States shall expire and shall not revert to the defendant, nor shall the
defendant or any person acting in concert with or on behalf of the
defendant be eligible to purchase forfeited property at any sale held by
the United States. Upon application of a person, other than the
defendant or a person acting in concert with or on behalf of the
defendant, the court may restrain or stay the sale or disposition of the
property pending the conclusion of any appeal of the criminal case
giving rise to the forfeiture, if the applicant demonstrates that
proceeding with the sale or disposition of the property will result in
irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C.
3302(b), the proceeds of any sale or other disposition of property
forfeited under this section and any moneys forfeited shall be used to
pay all proper expenses for the forfeiture and the sale, including
expenses of seizure, maintenance and custody of the property pending its
disposition, advertising and court costs. The Attorney General shall
deposit in the Treasury any amounts of such proceeds or moneys remaining
after the payment of such expenses.
(g) With respect to property ordered forfeited under this section,
the Attorney General is authorized to --
(1) grant petitions for mitigation or remission of forfeiture,
restore forfeited property to victims of a violation of this chapter, or
take any other action to protect the rights of innocent persons which is
in the interest of justice and which is not inconsistent with the
provisions of this chapter;
(2) compromise claims arising under this section;
(3) award compensation to persons providing information resulting in
a forfeiture under this section;
(4) direct the disposition by the United States of all property
ordered forfeited under this section by public sale or any other
commercially feasible means, making due provision for the rights of
innocent persons; and
(5) take appropriate measures necessary to safeguard and maintain
property ordered forfeited under this section pending its disposition.
(h) The Attorney General may promulgate regulations with respect to
--
(1) making reasonable efforts to provide notice to persons who may
have an interest in property ordered forfeited under this section;
(2) granting petitions for remission or mitigation of forfeiture;
(3) the restitution of property to victims of an offense petitioning
for remission or mitigation of forfeiture under this chapter;
(4) the disposition by the United States of forfeited property by
public sale or other commercially feasible means;
(5) the maintenance and safekeeping of any property forfeited under
this section pending its disposition; and
(6) the compromise of claims arising under this chapter.
Pending the promulgation of such regulations, all provisions of law
relating to the disposition of property, or the proceeds from the sale
thereof, or the remission or mitigation of forfeitures for violation of
the customs laws, and the compromise of claims and the award of
compensation to informers in respect of such forfeitures shall apply to
forfeitures incurred, or alleged to have been incurred, under the
provisions of this section, insofar as applicable and not inconsistent
with the provisions hereof. Such duties as are imposed upon the Customs
Service or any person with respect to the disposition of property under
the customs law shall be performed under this chapter by the Attorney
General.
(i) Except as provided in subsection (l), no party claiming an
interest in property subject to forfeiture under this section may --
(1) intervene in a trial or appeal of a criminal case involving the
forfeiture of such property under this section; or
(2) commence an action at law or equity against the United States
concerning the validity of his alleged interest in the property
subsequent to the filing of an indictment or information alleging that
the property is subject to forfeiture under this section.
(j) The district courts of the United States shall have jurisdiction
to enter orders as provided in this section without regard to the
location of any property which may be subject to forfeiture under this
section or which has been ordered forfeited under this section.
(k) In order to facilitate the identification or location of property
declared forfeited and to facilitate the disposition of petitions for
remission or mitigation of forfeiture, after the entry of an order
declaring property forfeited to the United States the court may, upon
application of the United States, order that the testimony of any
witness relating to the property forfeited be taken by deposition and
that any designated book, paper, document, record, recording, or other
material not privileged be produced at the same time and place, in the
same manner as provided for the taking of depositions under Rule 15 of
the Federal Rules of Criminal Procedure.
(l)(1) Following the entry of an order of forfeiture under this
section, the United States shall publish notice of the order and of its
intent to dispose of the property in such manner as the Attorney General
may direct. The Government may also, to the extent practicable, provide
direct written notice to any person known to have alleged an interest in
the property that is the subject of the order of forfeiture as a
substitute for published notice as to those persons so notified.
(2) Any person, other than the defendant, asserting a legal interest
in property which has been ordered forfeited to the United States
pursuant to this section may, within thirty days of the final
publication of notice or his receipt of notice under paragraph (1),
whichever is earlier, petition the court for a hearing to adjudicate the
validity of his alleged interest in the property. The hearing shall be
held before the court alone, without a jury.
(3) The petition shall be signed by the petitioner under penalty of
perjury and shall set forth the nature and extent of the petitioner's
right, title, or interest in the property, the time and circumstances of
the petitioner's acquisition of the right, title, or interest in the
property, any additional facts supporting the petitioner's claim, and
the relief sought.
(4) The hearing on the petition shall, to the extent practicable and
consistent with the interests of justice, be held within thirty days of
the filing of the petition. The court may consolidate the hearing on
the petition with a hearing on any other petition filed by a person
other than the defendant under this subsection.
(5) At the hearing, the petitioner may testify and present evidence
and witnesses on his own behalf, and cross-examine witnesses who appear
at the hearing. The United States may present evidence and witnesses in
rebuttal and in defense of its claim to the property and cross-examine
witnesses who appear at the hearing. In addition to testimony and
evidence presented at the hearing, the court shall consider the relevant
portions of the record of the criminal case which resulted in the order
of forfeiture.
(6) If, after the hearing, the court determines that the petitioner
has established by a preponderance of the evidence that --
(A) the petitioner has a legal right, title, or interest in the
property, and such right, title, or interest renders the order of
forfeiture invalid in whole or in part because the right, title, or
interest was vested in the petitioner rather than the defendant or was
superior to any right, title, or interest of the defendant at the time
of the commission of the acts which gave rise to the forfeiture of the
property under this section; or
(B) the petitioner is a bona fide purchaser for value of the right,
title, or interest in the property and was at the time of purchase
reasonably without cause to believe that the property was subject to
forfeiture under this section;
the court shall amend the order of forfeiture in accordance with its
determination.
(7) Following the court's disposition of all petitions filed under
this subsection, or if no such petitions are filed following the
expiration of the period provided in paragraph (2) for the filing of
such petitions, the United States shall have clear title to property
that is the subject of the order of forfeiture and may warrant good
title to any subsequent purchaser or transferee.
(m) If any of the property described in subsection (a), as a result
of any act or omission of the defendant --
(1) cannot be located upon the exercise of due diligence;
(2) has been transferred or sold to, or deposited with, a third
party;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value; or
(5) has been commingled with other property which cannot be divided
without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs (1)
through (5).
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
943; amended Pub. L. 98-473, title II, 302, 2301(a)-(c), Oct. 12,
1984, 98 Stat. 2040, 2192; Pub. L. 99-570, title I, 1153(a), Oct. 27,
1986, 100 Stat. 3207-13; Pub. L. 99-646, 23, Nov. 10, 1986, 100 Stat.
3597; Pub. L. 100-690, title VII, 7034, 7058(d), Nov. 18, 1988, 102
Stat. 4398, 4403; Pub. L. 101-647, title XXXV, 3561, Nov. 29, 1990,
104 Stat. 4927.)
The Federal Rules of Evidence, referred to in subsec. (d)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
1990 -- Subsec. (a). Pub. L. 101-647 substituted ''or both'' for
''or both.'' in introductory provisions.
1988 -- Subsec. (a). Pub. L. 100-690, 7058(d), substituted ''shall
be fined under this title or imprisoned not more than 20 years (or for
life if the violation is based on a racketeering activity for which the
maximum penalty includes life imprisonment), or both.'' for ''shall be
fined not more than $25,000 or imprisoned not more than twenty years, or
both''.
Subsecs. (m), (n). Pub. L. 100-690, 7034, redesignated former
subsec. (n) as (m) and substituted ''act or omission'' for ''act of
omission''.
1986 -- Subsecs. (c) to (m). Pub. L. 99-646 substituted ''(l)'' for
''(m)'' in subsec. (c), redesignated subsecs. (e) to (m) as (d) to
(l), respectively, and substituted ''(l)'' for ''(m)'' in subsec. (i)
as redesignated.
Subsec. (n). Pub. L. 99-570 added subsec. (n).
1984 -- Subsec. (a). Pub. L. 98-473, 2301(a), inserted ''In lieu of
a fine otherwise authorized by this section, a defendant who derives
profits or other proceeds from an offense may be fined not more than
twice the gross profits or other proceeds.'' following par. (3).
Pub. L. 98-473, 302, amended subsec. (a) generally, designating
existing provisions as pars. (1) and (2), inserting par. (3), and
provisions following par. (3) relating to power of the court to order
forfeiture to the United States.
Subsec. (b). Pub. L. 98-473, 302, amended subsec. (b) generally,
substituting provisions relating to property subject to forfeiture, for
provisions relating to jurisdiction of the district courts of the United
States.
Subsec. (c). Pub. L. 98-473, 302, amended subsec. (c) generally,
substituting provisions relating to transfer of rights, etc., in
property to the United States, or to other transferees, for provisions
relating to seizure and transfer of property to the United States and
procedures related thereto.
Subsec. (d). Pub. L. 98-473, 2301(b), struck out subsec. (d) which
provided: ''If any of the property described in subsection (a): (1)
cannot be located; (2) has been transferred to, sold to, or deposited
with, a third party; (3) has been placed beyond the jurisdiction of the
court; (4) has been substantially diminished in value by any act or
omission of the defendant; or (5) has been commingled with other
property which cannot be divided without difficulty; the court shall
order the forfeiture of any other property of the defendant up to the
value of any property described in paragraphs (1) through (5).''
Pub. L. 98-473, 302, added subsec. (d).
Subsecs. (e) to (m). Pub. L. 98-473, 302, added subsecs. (d) to
(m).
Subsec. (m)(1). Pub. L. 98-473, 2301(c), struck out ''for at least
seven successive court days'' after ''dispose of the property''.
section 2410.
18 USC 1964. Civil remedies
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The district courts of the United States shall have jurisdiction
to prevent and restrain violations of section 1962 of this chapter by
issuing appropriate orders, including, but not limited to: ordering any
person to divest himself of any interest, direct or indirect, in any
enterprise; imposing reasonable restrictions on the future activities
or investments of any person, including, but not limited to, prohibiting
any person from engaging in the same type of endeavor as the enterprise
engaged in, the activities of which affect interstate or foreign
commerce; or ordering dissolution or reorganization of any enterprise,
making due provision for the rights of innocent persons.
(b) The Attorney General may institute proceedings under this
section. Pending final determination thereof, the court may at any time
enter such restraining orders or prohibitions, or take such other
actions, including the acceptance of satisfactory performance bonds, as
it shall deem proper.
(c) Any person injured in his business or property by reason of a
violation of section 1962 of this chapter may sue therefor in any
appropriate United States district court and shall recover threefold the
damages he sustains and the cost of the suit, including a reasonable
attorney's fee.
(d) A final judgment or decree rendered in favor of the United States
in any criminal proceeding brought by the United States under this
chapter shall estop the defendant from denying the essential allegations
of the criminal offense in any subsequent civil proceeding brought by
the United States.
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
943; amended Pub. L. 98-620, title IV, 402(24)(A), Nov. 8, 1984, 98
Stat. 3359.)
1984 -- Subsec. (b). Pub. L. 98-620 struck out provision that in any
action brought by the United States under this section, the court had to
proceed as soon as practicable to the hearing and determination thereof.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
18 USC 1965. Venue and process
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any civil action or proceeding under this chapter against any
person may be instituted in the district court of the United States for
any district in which such person resides, is found, has an agent, or
transacts his affairs.
(b) In any action under section 1964 of this chapter in any district
court of the United States in which it is shown that the ends of justice
require that other parties residing in any other district be brought
before the court, the court may cause such parties to be summoned, and
process for that purpose may be served in any judicial district of the
United States by the marshal thereof.
(c) In any civil or criminal action or proceeding instituted by the
United States under this chapter in the district court of the United
States for any judicial district, subpenas issued by such court to
compel the attendance of witnesses may be served in any other judicial
district, except that in any civil action or proceeding no such subpena
shall be issued for service upon any individual who resides in another
district at a place more than one hundred miles from the place at which
such court is held without approval given by a judge of such court upon
a showing of good cause.
(d) All other process in any action or proceeding under this chapter
may be served on any person in any judicial district in which such
person resides, is found, has an agent, or transacts his affairs.
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
944.)
18 USC 1966. Expedition of actions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
In any civil action instituted under this chapter by the United
States in any district court of the United States, the Attorney General
may file with the clerk of such court a certificate stating that in his
opinion the case is of general public importance. A copy of that
certificate shall be furnished immediately by such clerk to the chief
judge or in his absence to the presiding district judge of the district
in which such action is pending. Upon receipt of such copy, such judge
shall designate immediately a judge of that district to hear and
determine action.
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
944; amended Pub. L. 98-620, title IV, 402(24)(B), Nov. 8, 1984, 98
Stat. 3359.)
1984 -- Pub. L. 98-620 struck out provision that the judge so
designated had to assign such action for hearing as soon as practicable,
participate in the hearings and determination thereof, and cause such
action to be expedited in every way.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
18 USC 1967. Evidence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
In any proceeding ancillary to or in any civil action instituted by
the United States under this chapter the proceedings may be open or
closed to the public at the discretion of the court after consideration
of the rights of affected persons.
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
944.)
18 USC 1968. Civil investigative demand
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whenever the Attorney General has reason to believe that any
person or enterprise may be in possession, custody, or control of any
documentary materials relevant to a racketeering investigation, he may,
prior to the institution of a civil or criminal proceeding thereon,
issue in writing, and cause to be served upon such person, a civil
investigative demand requiring such person to produce such material for
examination.
(b) Each such demand shall --
(1) state the nature of the conduct constituting the alleged
racketeering violation which is under investigation and the provision of
law applicable thereto;
(2) describe the class or classes of documentary material produced
thereunder with such definiteness and certainty as to permit such
material to be fairly identified;
(3) state that the demand is returnable forthwith or prescribe a
return date which will provide a reasonable period of time within which
the material so demanded may be assembled and made available for
inspection and copying or reproduction; and
(4) identify the custodian to whom such material shall be made
available.
(c) No such demand shall --
(1) contain any requirement which would be held to be unreasonable if
contained in a subpena duces tecum issued by a court of the United
States in aid of a grand jury investigation of such alleged racketeering
violation; or
(2) require the production of any documentary evidence which would be
privileged from disclosure if demanded by a subpena duces tecum issued
by a court of the United States in aid of a grand jury investigation of
such alleged racketeering violation.
(d) Service of any such demand or any petition filed under this
section may be made upon a person by --
(1) delivering a duly executed copy thereof to any partner, executive
officer, managing agent, or general agent thereof, or to any agent
thereof authorized by appointment or by law to receive service of
process on behalf of such person, or upon any individual person;
(2) delivering a duly executed copy thereof to the principal office
or place of business of the person to be served; or
(3) depositing such copy in the United States mail, by registered or
certified mail duly addressed to such person at its principal office or
place of business.
(e) A verified return by the individual serving any such demand or
petition setting forth the manner of such service shall be prima facie
proof of such service. In the case of service by registered or
certified mail, such return shall be accompanied by the return post
office receipt of delivery of such demand.
(f)(1) The Attorney General shall designate a racketeering
investigator to serve as racketeer document custodian, and such
additional racketeering investigators as he shall determine from time to
time to be necessary to serve as deputies to such officer.
(2) Any person upon whom any demand issued under this section has
been duly served shall make such material available for inspection and
copying or reproduction to the custodian designated therein at the
principal place of business of such person, or at such other place as
such custodian and such person thereafter may agree and prescribe in
writing or as the court may direct, pursuant to this section on the
return date specified in such demand, or on such later date as such
custodian may prescribe in writing. Such person may upon written
agreement between such person and the custodian substitute for copies of
all or any part of such material originals thereof.
(3) The custodian to whom any documentary material is so delivered
shall take physical possession thereof, and shall be responsible for the
use made thereof and for the return thereof pursuant to this chapter.
The custodian may cause the preparation of such copies of such
documentary material as may be required for official use under
regulations which shall be promulgated by the Attorney General. While
in the possession of the custodian, no material so produced shall be
available for examination, without the consent of the person who
produced such material, by any individual other than the Attorney
General. Under such reasonable terms and conditions as the Attorney
General shall prescribe, documentary material while in the possession of
the custodian shall be available for examination by the person who
produced such material or any duly authorized representatives of such
person.
(4) Whenever any attorney has been designated to appear on behalf of
the United States before any court or grand jury in any case or
proceeding involving any alleged violation of this chapter, the
custodian may deliver to such attorney such documentary material in the
possession of the custodian as such attorney determines to be required
for use in the presentation of such case or proceeding on behalf of the
United States. Upon the conclusion of any such case or proceeding, such
attorney shall return to the custodian any documentary material so
withdrawn which has not passed into the control of such court or grand
jury through the introduction thereof into the record of such case or
proceeding.
(5) Upon the completion of --
(i) the racketeering investigation for which any documentary material
was produced under this chapter, and
(ii) any case or proceeding arising from such investigation, the
custodian shall return to the person who produced such material all such
material other than copies thereof made by the Attorney General pursuant
to this subsection which has not passed into the control of any court or
grand jury through the introduction thereof into the record of such case
or proceeding.
(6) When any documentary material has been produced by any person
under this section for use in any racketeering investigation, and no
such case or proceeding arising therefrom has been instituted within a
reasonable time after completion of the examination and analysis of all
evidence assembled in the course of such investigation, such person
shall be entitled, upon written demand made upon the Attorney General,
to the return of all documentary material other than copies thereof made
pursuant to this subsection so produced by such person.
(7) In the event of the death, disability, or separation from service
of the custodian of any documentary material produced under any demand
issued under this section or the official relief of such custodian from
responsibility for the custody and control of such material, the
Attorney General shall promptly --
(i) designate another racketeering investigator to serve as custodian
thereof, and
(ii) transmit notice in writing to the person who produced such
material as to the identity and address of the successor so designated.
Any successor so designated shall have with regard to such materials
all duties and responsibilities imposed by this section upon his
predecessor in office with regard thereto, except that he shall not be
held responsible for any default or dereliction which occurred before
his designation as custodian.
(g) Whenever any person fails to comply with any civil investigative
demand duly served upon him under this section or whenever satisfactory
copying or reproduction of any such material cannot be done and such
person refuses to surrender such material, the Attorney General may
file, in the district court of the United States for any judicial
district in which such person resides, is found, or transacts business,
and serve upon such person a petition for an order of such court for the
enforcement of this section, except that if such person transacts
business in more than one such district such petition shall be filed in
the district in which such person maintains his principal place of
business, or in such other district in which such person transacts
business as may be agreed upon by the parties to such petition.
(h) Within twenty days after the service of any such demand upon any
person, or at any time before the return date specified in the demand,
whichever period is shorter, such person may file, in the district court
of the United States for the judicial district within which such person
resides, is found, or transacts business, and serve upon such custodian
a petition for an order of such court modifying or setting aside such
demand. The time allowed for compliance with the demand in whole or in
part as deemed proper and ordered by the court shall not run during the
pendency of such petition in the court. Such petition shall specify
each ground upon which the petitioner relies in seeking such relief, and
may be based upon any failure of such demand to comply with the
provisions of this section or upon any constitutional or other legal
right or privilege of such person.
(i) At any time during which any custodian is in custody or control
of any documentary material delivered by any person in compliance with
any such demand, such person may file, in the district court of the
United States for the judicial district within which the office of such
custodian is situated, and serve upon such custodian a petition for an
order of such court requiring the performance by such custodian of any
duty imposed upon him by this section.
(j) Whenever any petition is filed in any district court of the
United States under this section, such court shall have jurisdiction to
hear and determine the matter so presented, and to enter such order or
orders as may be required to carry into effect the provisions of this
section.
(Added Pub. L. 91-452, title IX, 901(a), Oct. 15, 1970, 84 Stat.
944.)
18 USC CHAPTER 97 -- RAILROADS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
1991. Entering train to commit crime.
1992. Wrecking trains.
This chapter does not include motor busses, interstate trucking
facilities or airplanes within the protection of existing law. Motor
busses and trucks already carry a huge amount of interstate commerce.
It is reasonable to presume that much interstate freight and express
will soon be carried by air.
Attention is directed to the consideration of the extension of the
laws now applicable only to railroads to these other interstate
facilities. 80th Congress House Report No. 304.
Wire or oral communications, authorization for interception, to
provide evidence of murder or robbery, see section 2516 of this title.
18 USC 1991. Entering train to commit crime
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, in any Territory or District, or within or upon any place
within the exclusive jurisdiction of the United States, willfully and
maliciously trespasses upon or enters upon any railroad train, railroad
car, or railroad locomotive, with the intent to commit murder or
robbery, shall be fined not more than $5,000 or imprisoned not more than
twenty years, or both.
Whoever, within such jurisdiction, willfully and maliciously
trespasses upon or enters upon any railroad train, railroad car, or
railroad locomotive, with intent to commit any unlawful violence upon or
against any passenger on said train, or car, or upon or against any
engineer, conductor, fireman, brakeman, or any officer or employee
connected with said locomotive, train, or car, or upon or against any
express messenger or mail agent on said train or in any car thereof, or
to commit any crime or offense against any person or property thereon,
shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
Upon the trial of any person charged with any offense set forth in
this section, it shall not be necessary to set forth or prove the
particular person against whom it was intended to commit the offense, or
that it was intended to commit such offense against any particular
person.
(June 25, 1948, ch. 645, 62 Stat. 794.)
Based on title 18, U.S.C., 1940 ed., 522 (Mar. 4, 1909, ch. 321,
322, 35 Stat. 1150).
After the word ''Whoever'' the following was inserted: ''in any
Territory or District, or within or upon any place within the exclusive
jurisdiction of the United States'' as based upon the express provisions
of title 18, U.S.C., 1940 ed., 511, wherein this section is made
applicable only ''in any Territory or District, or within or upon any
place within the exclusive jurisdiction of the United States.''
Words ''whoever shall counsel, aid, abet, or assist in the
perpetration of any of the offenses set forth in this section shall be
deemed to be a principal therein'' were omitted as unnecessary. Such
persons are made principals by section 2 of this title.
Minor changes also were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Destruction of property moving in commerce, see sections 1281 and
1282 of Title 15, Commerce and Trade.
Larceny, etc., of goods from railroad car or station, see section 659
of this title.
Railroad car entered or seal broken, see section 2117 of this title.
Wire or oral communications, authorization for interception, to
provide evidence of murder or robbery, see section 2516 of this title.
18 USC 1992. Wrecking trains
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully derails, disables, or wrecks any train, engine,
motor unit, or car used, operated, or employed in interstate or foreign
commerce by any railroad; or
Whoever willfully sets fire to, or places any explosive substance on
or near, or undermines any tunnel, bridge, viaduct, trestle, track,
signal, station, depot, warehouse, terminal, or any other way,
structure, property, or appurtenance used in the operation of any such
railroad in interstate or foreign commerce, or otherwise makes any such
tunnel, bridge, viaduct, trestle, track, signal, station, depot,
warehouse, terminal, or any other way, structure, property, or
appurtenance unworkable or unusable or hazardous to work or use, with
the intent to derail, disable, or wreck a train, engine, motor unit, or
car used, operated, or employed in interstate or foreign commerce; or
Whoever willfully attempts to do any of the aforesaid acts or things
--
Shall be fined not more than $10,000 or imprisoned not more than
twenty years, or both.
Whoever is convicted of any such crime, which has resulted in the
death of any person, shall be subject also to the death penalty or to
imprisonment for life, if the jury shall in its discretion so direct,
or, in the case of a plea of guilty, if the court in its discretion
shall so order.
A judgment of conviction or acquittal on the merits under the laws of
any State shall be a bar to any prosecution hereunder for the same act
or acts.
(June 25, 1948, ch. 645, 62 Stat. 794.)
Based on title 18, U.S.C., 1940 ed., 412a (June 8, 1940, ch. 286, 54
Stat. 255).
First clause in second paragraph of said section 412a of title 18,
U.S.C., 1940 ed., was omitted as covered by section 3231 of this title.
Words ''and on conviction thereof'' were omitted as surplusage since
punishment cannot be imposed until a conviction is secured.
Destruction of property moving in commerce, see sections 1281 and
1282 of Title 15, Commerce and Trade.
18 USC (CHAPTER 99 -- REPEALED)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC ( 2031, 2032. Repealed. Pub. L. 99-646, 87(c)(1), Nov. 10,
1986, 100 Stat. 3623; Pub. L. 99-654, 3(a)(1), Nov. 14, 1986, 100
Stat. 3663)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section 2031, act June 25, 1948, ch. 645, 62 Stat. 795, prescribed
penalties for commission of rape within special maritime and territorial
jurisdiction.
Section 2032, act June 25, 1948, ch. 645, 62 Stat. 795, prescribed
penalties for carnal knowledge of female under 16 within special
maritime and territorial jurisdiction.
Repeal by Pub. L. 99-646 and Pub. L. 99-654 effective,
respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14,
1986, see section 87 of Pub. L. 99-646 and section 4 of Pub. L.
99-654, set out as an Effective Date note under section 2241 of this
title.
18 USC CHAPTER 101 -- RECORDS AND REPORTS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2071. Concealment, removal, or mutilation generally.
2072. False crop reports.
2073. False entries and reports of moneys or securities.
2074. False weather reports.
2075. Officer failing to make returns or reports.
2076. Clerk of United States District Court.
War contract records, see section 443 of this title.
18 USC 2071. Concealment, removal, or mutilation generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever willfully and unlawfully conceals, removes, mutilates,
obliterates, or destroys, or attempts to do so, or, with intent to do so
takes and carries away any record, proceeding, map, book, paper,
document, or other thing, filed or deposited with any clerk or officer
of any court of the United States, or in any public office, or with any
judicial or public officer of the United States, shall be fined not more
than $2,000 or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map,
book, document, paper, or other thing, willfully and unlawfully
conceals, removes, mutilates, obliterates, falsifies, or destroys the
same, shall be fined not more than $2,000 or imprisoned not more than
three years, or both; and shall forfeit his office and be disqualified
from holding any office under the United States. As used in this
subsection, the term ''office'' does not include the office held by any
person as a retired officer of the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 795; Nov. 5, 1990, Pub. L.
101-510, div. A, title V, 552(a), 104 Stat. 1566.)
Based on title 18, U.S.C., 1940 ed., 234, 235 (Mar. 4, 1909, ch.
321, 128, 129, 35 Stat. 1111, 1112).
Section consolidates sections 234 and 235 of title 18, U.S.C., 1940
ed.
Reference in subsection (a) to intent to steal was omitted as covered
by section 641 of this title.
Minor changes were made in phraseology.
1990 -- Subsec. (b). Pub. L. 101-510 inserted at end ''As used in
this subsection, the term 'office' does not include the office held by
any person as a retired officer of the Armed Forces of the United
States.''
Section 552(b) of Pub. L. 101-510 provided that: ''The amendment
made by subsection (a) (amending this section) shall be effective as of
January 1, 1989.''
Disqualification from holding any office of honor, trust, or profit,
additional grounds for, see sections 592, 593, 1901, 2381, 2385, and
2387 of this title.
Theft of --
Court record or process, see section 1506 of this title.
Records, see section 641 of this title.
War contract records, see section 443 of this title.
18 USC 2072. False crop reports
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer or employee of the United States or any of
its agencies, whose duties require the compilation or report of
statistics or information relating to the products of the soil,
knowingly compiles for issuance, or issues, any false statistics or
information as a report of the United States or any of its agencies,
shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 795.)
Based on title 18, U.S.C., 1940 ed., 215 (Mar. 4, 1909, ch. 321,
124, 35 Stat. 1111).
Words ''or any of its agencies'' were inserted after ''United
States'' so as to eliminate any possible ambiguity as to scope of
section. (See definitive section 6 of this title.)
Minor changes were made in phraseology.
18 USC 2073. False entries and reports of moneys or securities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer, clerk, agent, or other employee of the
United States or any of its agencies, charged with the duty of keeping
accounts or records of any kind, with intent to deceive, mislead,
injure, or defraud, makes in any such account or record any false or
fictitious entry or record of any matter relating to or connected with
his duties; or
Whoever, being an officer, clerk, agent, or other employee of the
United States or any of its agencies, charged with the duty of
receiving, holding, or paying over moneys or securities to, for, or on
behalf of the United States, or of receiving or holding in trust for any
person any moneys or securities, with like intent, makes a false report
of such moneys or securities --
Shall be fined not more than $5,000 or imprisoned not more than ten
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 795.)
Based on title 18, U.S.C., 1940 ed., 189 (Mar. 4, 1911, ch. 270, 36
Stat. 1355).
Words ''or any of its agencies'' were inserted after ''United
States'' so as to eliminate any possible ambiguity as to scope of
section. (See definitive section 6 of this title.)
References to persons aiding and abetting were omitted. Such persons
are principals under section 2 of this title.
Minor verbal changes were made.
18 USC 2074. False weather reports
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly issues or publishes any counterfeit weather
forecast or warning of weather conditions falsely representing such
forecast or warning to have been issued or published by the Weather
Bureau, United States Signal Service, or other branch of the Government
service, shall be fined not more than $500 or imprisoned not more than
ninety days, or both.
(June 25, 1948, ch. 645, 62 Stat. 795.)
Based on title 18, U.S.C., 1940 ed., 117 (Mar. 4, 1909, ch. 321,
61, 35 Stat. 1100).
Minor verbal changes were made.
The United States Signal Service, referred to in text, is now the
Signal Corps which is a branch of the Army, see section 3063 of Title
10, Armed Forces.
Weather Bureau of Department of Commerce consolidated with Coast and
Geodetic Survey to form a new agency in Department of Commerce to be
known as Environmental Science Services Administration by Reorg. Plan
No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set
out in the Appendix to Title 5, Government Organization and Employees.
All functions of Bureau transferred to Secretary of Commerce by the
Plan.
Environmental Science Services Administration abolished by Reorg.
Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090,
set out in the Appendix to Title 5, Government Organization and
Employees, which created National Oceanic and Atmospheric Administration
in Department of Commerce. By Department Organization Order 25-5A,
republished 39 F.R. 27486, Secretary of Commerce delegated to NOAA his
functions relating to Weather Bureau. By order of Acting Associate
Administrator of NOAA, the organization name of Weather Bureau was
changed to National Weather Service. For further details, see
Codification note under section 311 of Title 15, Commerce and Trade.
18 USC 2075. Officer failing to make returns or reports
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Every officer who neglects or refuses to make any return or report
which he is required to make at stated times by any Act of Congress or
regulation of the Department of the Treasury, other than his accounts,
within the time prescribed by such Act or regulation, shall be fined not
more than $1,000.
(June 25, 1948, ch. 645, 62 Stat. 796.)
Based on title 18, U.S.C., 1940 ed., 188, (Mar. 4, 1909, ch. 321,
101, 35 Stat. 1107).
18 USC 2076. Clerk of United States District Court
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a clerk of a district court of the United States,
willfully refuses or neglects to make or forward any report,
certificate, statement, or document as required by law, shall be fined
not more than $1,000 or imprisoned not more than one year.
(June 25, 1948, ch. 645, 62 Stat. 796.)
Based on section 522 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Feb. 22, 1875, ch. 95, 6, 18 Stat. 334).
The reference to the offense as a misdemeanor was omitted as
unnecessary in view of the definition of ''misdemeanor'' in section 1 of
this title.
The last sentence providing that conviction should not be a condition
precedent to removal from office was omitted as unnecessary.
Minor changes were made in phraseology.
Removal of clerk from office, see section 751 of Title 28, Judiciary
and Judicial Procedure.
18 USC CHAPTER 102 -- RIOTS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2101. Riots.
2102. Definitions.
1968 -- Pub. L. 90-284, title I, 104(a), Apr. 11, 1968, 82 Stat.
75, added chapter 102 and items 2101 and 2102.
18 USC 2101. Riots
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) Whoever travels in interstate or foreign commerce or uses any
facility of interstate or foreign commerce, including, but not limited
to, the mail, telegraph, telephone, radio, or television, with intent --
(A) to incite a riot; or
(B) to organize, promote, encourage, participate in, or carry on a
riot; or
(C) to commit any act of violence in furtherance of a riot; or
(D) to aid or abet any person in inciting or participating in or
carrying on a riot or committing any act of violence in furtherance of a
riot;
and who either during the course of any such travel or use or
thereafter performs or attempts to perform any other overt act for any
purpose specified in subparagraph (A), (B), (C), or (D) of this
paragraph --
Shall be fined not more than $10,000, or imprisoned not more than
five years, or both.
(b) In any prosecution under this section, proof that a defendant
engaged or attempted to engage in one or more of the overt acts
described in subparagraph (A), (B), (C), or (D) of paragraph (1) of
subsection (a) and (1) has traveled in interstate or foreign commerce,
or (2) has use of or used any facility of interstate or foreign
commerce, including but not limited to, mail, telegraph, telephone,
radio, or television, to communicate with or broadcast to any person or
group of persons prior to such overt acts, such travel or use shall be
admissible proof to establish that such defendant traveled in or used
such facility of interstate or foreign commerce.
(c) A judgment of conviction or acquittal on the merits under the
laws of any State shall be a bar to any prosecution hereunder for the
same act or acts.
(d) Whenever, in the opinion of the Attorney General or of the
appropriate officer of the Department of Justice charged by law or under
the instructions of the Attorney General with authority to act, any
person shall have violated this chapter, the Department shall proceed as
speedily as possible with a prosecution of such person hereunder and
with any appeal which may lie from any decision adverse to the
Government resulting from such prosecution.
(e) Nothing contained in this section shall be construed to make it
unlawful for any person to travel in, or use any facility of, interstate
or foreign commerce for the purpose of pursuing the legitimate
objectives of organized labor, through orderly and lawful means.
(f) Nothing in this section shall be construed as indicating an
intent on the part of Congress to prevent any State, any possession or
Commonwealth of the United States, or the District of Columbia, from
exercising jurisdiction over any offense over which it would have
jurisdiction in the absence of this section; nor shall anything in this
section be construed as depriving State and local law enforcement
authorities of responsibility for prosecuting acts that may be
violations of this section and that are violations of State and local
law.
(Added Pub. L. 90-284, title I, 104(a), Apr. 11, 1968, 82 Stat. 75;
amended Pub. L. 99-386, title I, 106, Aug. 22, 1986, 100 Stat. 822.)
1986 -- Subsec. (d). Pub. L. 99-386 struck out ''; or in the
alternative shall report in writing, to the respective Houses of the
Congress, the Department's reason for not so proceeding'' after ''such
prosecution''.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this chapter, see section 2516 of
this title.
18 USC 2102. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) As used in this chapter, the term ''riot'' means a public
disturbance involving (1) an act or acts of violence by one or more
persons part of an assemblage of three or more persons, which act or
acts shall constitute a clear and present danger of, or shall result in,
damage or injury to the property of any other person or to the person of
any other individual or (2) a threat or threats of the commission of an
act or acts of violence by one or more persons part of an assemblage of
three or more persons having, individually or collectively, the ability
of immediate execution of such threat or threats, where the performance
of the threatened act or acts of violence would constitute a clear and
present danger of, or would result in, damage or injury to the property
of any other person or to the person of any other individual.
(b) As used in this chapter, the term ''to incite a riot'', or ''to
organize, promote, encourage, participate in, or carry on a riot'',
includes, but is not limited to, urging or instigating other persons to
riot, but shall not be deemed to mean the mere oral or written (1)
advocacy of ideas or (2) expression of belief, not involving advocacy of
any act or acts of violence or assertion of the rightness of, or the
right to commit, any such act or acts.
(Added Pub. L. 90-284, title I, 104(a), Apr. 11, 1968, 82 Stat.
76.)
18 USC CHAPTER 103 -- ROBBERY AND BURGLARY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2111. Special maritime and territorial jurisdiction.
2112. Personal property of United States.
2113. Bank robbery and incidental crimes.
2114. Mail, money, or other property of United States.
2115. Post office.
2116. Railway or steamboat post office.
2117. Breaking or entering carrier facilities.
2118. Robberies and burglaries involving controlled substances.
2119. Motor vehicles.
1992 -- Pub. L. 102-519, title I, 101(c), Oct. 25, 1992, 106 Stat.
3384, added item 2119.
1984 -- Pub. L. 98-305, 3, May 31, 1984, 98 Stat. 222, added item
2118.
1966 -- Pub. L. 89-654, 2(d), Oct. 14, 1966, 80 Stat. 904,
substituted ''Breaking or entering carrier facilities'' for ''Railroad
car entered or seal broken'' in item 2117.
Extradition of fugitives from country under control of United States,
see section 3185 of this title.
Indian country, punishment, see section 1153 of this title.
Indians, jurisdiction of offenses by, see section 3242 of this title.
Piracy, robbery ashore by those engaged in piratical cruise, see
section 1661 of this title.
Wire or oral communications, authorization for interception, to
provide evidence of robbery, see section 2516 of this title.
18 USC 2111. Special maritime and territorial jurisdiction
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, within the special maritime and territorial jurisdiction of
the United States, by force and violence, or by intimidation, takes from
the person or presence of another anything of value, shall be imprisoned
not more than fifteen years.
(June 25, 1948, ch. 645, 62 Stat. 796.)
Based on title 18, U.S.C., 1940 ed., 463 (Mar. 4, 1909, ch. 321,
284, 35 Stat. 1144).
Words ''within the special maritime and territorial jurisdiction of
the United States'' were added to restrict the place of the offense to
those places described in section 451 of title 18, U.S.C., 1940 ed., now
section 7 of this title.
Minor changes were made in phraseology.
Actions aboard aircraft in flight in violation of this section
punishable as provided herein, see section 1472 of Title 49, Appendix,
Transportation.
Definition, see section 7 of this title.
High seas, citizens as pirates, see section 1652 of this title.
1472.
18 USC 2112. Personal property of United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever robs another of any kind or description of personal property
belonging to the United States, shall be imprisoned not more than
fifteen years.
(June 25, 1948, ch. 645, 62 Stat. 796.)
Based on title 18, U.S.C., 1940 ed., 99 (Mar. 4, 1909, ch. 321, 46,
35 Stat. 1097).
That portion of said section 99 relating to felonious taking was
omitted as covered by section 641 of this title.
The punishment by fine of not more than $5,000 or imprisoned not more
than 10 years, or both, was changed to harmonize with section 2111 of
this title. The 15-year penalty is not excessive for an offense of this
type.
Minor verbal change was made.
Embezzlement and theft of public property, see section 641 of this
title.
18 USC 2113. Bank robbery and incidental crimes
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, by force and violence, or by intimidation, takes, or
attempts to take, from the person or presence of another, or obtains or
attempts to obtain by extortion any property or money or any other thing
of value belonging to, or in the care, custody, control, management, or
possession of, any bank, credit union, or any savings and loan
association; or
Whoever enters or attempts to enter any bank, credit union, or any
savings and loan association, or any building used in whole or in part
as a bank, credit union, or as a savings and loan association, with
intent to commit in such bank, credit union, or in such savings and loan
association, or building, or part thereof, so used, any felony affecting
such bank, credit union, or such savings and loan association and in
violation of any statute of the United States, or any larceny --
Shall be fined not more than $5,000 or imprisoned not more than
twenty years, or both.
(b) Whoever takes and carries away, with intent to steal or purloin,
any property or money or any other thing of value exceeding $100
belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be fined not more than $5,000 or imprisoned not more
than ten years, or both; or
Whoever takes and carries away, with intent to steal or purloin, any
property or money or any other thing of value not exceeding $100
belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be fined not more than $1,000 or imprisoned not more
than one year, or both.
(c) Whoever receives, possesses, conceals, stores, barters, sells, or
disposes of, any property or money or other thing of value which has
been taken or stolen from a bank, credit union, or savings and loan
association in violation of subsection (b), knowing the same to be
property which has been stolen shall be subject to the punishment
provided in subsection (b) for the taker.
(d) Whoever, in committing, or in attempting to commit, any offense
defined in subsections (a) and (b) of this section, assaults any person,
or puts in jeopardy the life of any person by the use of a dangerous
weapon or device, shall be fined not more than $10,000 or imprisoned not
more than twenty-five years, or both.
(e) Whoever, in committing any offense defined in this section, or in
avoiding or attempting to avoid apprehension for the commission of such
offense, or in freeing himself or attempting to free himself from arrest
or confinement for such offense, kills any person, or forces any person
to accompany him without the consent of such person, shall be imprisoned
not less than ten years, or punished by death if the verdict of the jury
shall so direct.
(f) As used in this section the term ''bank'' means any member bank
of the Federal Reserve System, and any bank, banking association, trust
company, savings bank, or other banking institution organized or
operating under the laws of the United States, including a branch or
agency of a foreign bank (as such terms are defined in paragraphs (1)
and (3) of section 1(b) of the International Banking Act of 1978), and
any institution the deposits of which are insured by the Federal Deposit
Insurance Corporation.
(g) As used in this section the term ''credit union'' means any
Federal credit union and any State-chartered credit union the accounts
of which are insured by the National Credit Union Administration Board,
and any ''Federal credit union'' as defined in section 2 of the Federal
Credit Union Act.
(June 25, 1948, ch. 645, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64
Stat. 394; Apr. 8, 1952, ch. 164, 66 Stat. 46; Sept. 22, 1959, Pub.
L. 86-354, 2, 73 Stat. 639; Oct. 19, 1970, Pub. L. 91-468, 8, 84
Stat. 1017; Oct. 12, 1984, Pub. L. 98-473, title II, 1106, 98 Stat.
2145; Nov. 10, 1986, Pub. L. 99-646, 68, 100 Stat. 3616; Aug. 9,
1989, Pub. L. 101-73, title IX, 962(a)(7), (d), 103 Stat. 502, 503;
Nov. 29, 1990, Pub. L. 101-647, title XXV, 2597(l), 104 Stat. 4911.)
Based on sections 588a, 588b, 588c, of title 12, U.S.C., 1940 ed.,
Banks and Banking (May 18, 1934, ch. 304, 1, 2, 3, 48 Stat. 783; Aug.
23, 1935, ch. 614, 333, 49 Stat. 720; Aug. 24, 1937, ch. 747, 50 Stat.
749; June 29, 1940, ch. 455, 54 Stat. 695).
Section consolidates sections 588a, 588b, and 588c of title 12,
U.S.C., 1940 ed., Banks and Banking, as suggested by United States
Attorney Clyde O. Eastus, of Fort Worth, Tex.
Words ''felony or larceny'' in subsection (a) were changed to
''felony affecting such bank and in violation of any statute of the
United States, or any larceny''.
Use of term ''felony'' without limitation caused confusion as to
whether a common law, State, or Federal felony was intended. Change
conforms with Jerome v. U.S. (1943, 63 S. Ct. 483, 318 U.S. 101, 87 L.
Ed. 640): '' 2(a) ( 588b(a) of title 12, U.S.C., 1940 ed., Banks and
Banking) is not deprived of vitality if it is interpreted to exclude
State felonies and to include only those Federal felonies which affect
banks protected by the Act.''
Minimum punishment provisions were omitted from subsection (c). (See
reviser's note under section 203 of this title.) Also the provisions of
subsection (b) measuring the punishment by the amount involved were
extended and made applicable to the receiver as well as the thief.
There seems no good reason why the thief of less than $100 should be
liable to a maximum of imprisonment for one year and the receiver
subject to 10 years.
The figures ''100'' were substituted for ''50'' in view of the fact
that the present worth of $100 is less than the value of $50 when that
sum was fixed as the dividing line between petit larceny and grand
larceny.
The attention of Congress is directed to the mandatory minimum
punishment provisions of sections 2113(e) and 2114 of this title. These
were left unchanged because of the controversial question involved.
Such legislative attempts to control the discretion of the sentencing
judge are contrary to the opinions of experienced criminologists and
criminal law experts. They are calculated to work manifest injustice in
many cases.
Necessary minor translations of section references, and changes in
phraseology, were made.
Section 1(b) of the International Banking Act of 1978, referred to in
subsec. (f), is classified to section 3101 of Title 12, Banks and
Banking.
Section 2 of the Federal Credit Union Act, referred to in subsec.
(g), is classified to section 1752 of Title 12.
1990 -- Subsec. (f). Pub. L. 101-647 inserted ''including a branch
or agency of a foreign bank (as such terms are defined in paragraphs (1)
and (3) of section 1(b) of the International Banking Act of 1978),''
after ''operating under the laws of the United States,''.
1989 -- Subsec. (f). Pub. L. 101-73, 962(d)(1), substituted ''any
institution the deposits of which'' for ''any bank the deposits of
which''.
Subsecs. (g), (h). Pub. L. 101-73, 962(a)(7), (d)(2), (3),
redesignated subsec. (h) as (g), substituted ''National Credit Union
Administration Board, and any 'Federal credit union' as defined in
section 2 of the Federal Credit Union Act'' for ''Administrator of the
National Credit Union Administration'', and struck out former subsec.
(g) which read as follows: ''As used in this section the term 'savings
and loan association' means any Federal savings and loan association and
any 'insured institution' as defined in section 401 of the National
Housing Act, as amended, and any 'Federal credit union' as defined in
section 2 of the Federal Credit Union Act.''
1986 -- Subsec. (a). Pub. L. 99-646 inserted '', or obtains or
attempts to obtain by extortion'' after ''presence of another'' in first
par.
1984 -- Subsec. (c). Pub. L. 98-473 amended subsec. (c) generally,
substituting ''which has been taken or stolen from a bank, credit union,
or savings and loan association in violation of subsection (b), knowing
the same to be property which has been stolen'' for ''knowing the same
to have been taken from a bank, credit union, or a savings and loan
association, in violation of subsection (b) of this section''.
1970 -- Subsecs. (a) to (c). Pub. L. 91-468, 8(1), inserted
reference to ''credit union'' after ''bank,'' each place it appears.
Subsec. (h). Pub. L. 91-468, 8(2), added subsec. (h).
1959 -- Subsec. (g). Pub. L. 86-354 included Federal credit unions
in definition of ''savings and loan association''.
1952 -- Subsec. (g). Act Apr. 8, 1952, broadened definition of
''savings and loan association'' by including any insured institution as
defined in section 401 of the National Housing Act, as amended.
1950 -- Act Aug. 3, 1950, brought within section State-chartered
savings and loan associations whose accounts are insured by the Federal
Savings and Loan Insurance Corporation.
Embezzlement by bank officer or employee, see section 656 of this
title.
18 USC 2114. Mail, money, or other property of United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever assaults any person having lawful charge, control, or custody
of any mail matter or of any money or other property of the United
States, with intent to rob, steal, or purloin such mail matter, money,
or other property of the United States, or robs any such person of mail
matter, or of any money, or other property of the United States, shall,
for the first offense, be imprisoned not more than ten years; and if in
effecting or attempting to effect such robbery he wounds the person
having custody of such mail, money, or other property of the United
States, or puts his life in jeopardy by the use of a dangerous weapon,
or for a subsequent offense, shall be imprisoned not more than
twenty-five years.
(June 25, 1948, ch. 645, 62 Stat. 797; Oct. 12, 1984, Pub. L.
98-473, title II, 223(d), 98 Stat. 2028; Nov. 29, 1990, Pub. L.
101-647, title XXXV, 3562, 104 Stat. 4927.)
Based on title 18, U.S.C., 1940 ed., 320 (Mar. 4, 1909, ch. 321,
197, 35 Stat. 1126; Aug. 26, 1935, ch. 694, 49 Stat. 867).
The attention of Congress is directed to the mandatory minimum
punishment provisions of sections 2113(e) and 2114 of this title. These
were left unchanged because of the controversial question involved.
Such legislative attempts to control the discretion of the sentencing
judge are contrary to the opinions of experienced criminologists and
criminal law experts. They are calculated to work manifest injustice in
many cases.
Minor changes were made in phraseology.
1990 -- Pub. L. 101-647 inserted a comma after ''money'' in section
catchline.
1984 -- Pub. L. 98-473, which directed insertion of ''not more
than'' after ''imprisoned'', was executed by making the insertion after
''imprisoned'' the second time appearing.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
Temporarily employed messengers as employees of the postal service or
carriers with custody, see section 1008 of Title 39, Postal Service.
Theft of mail matter, see section 1708 of this title.
18 USC 2115. Post office
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever forcibly breaks into or attempts to break into any post
office, or any building used in whole or in part as a post office, with
intent to commit in such post office, or building or part thereof, so
used, any larceny or other depredation, shall be fined not more than
$1,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 797.)
Based on title 18, U.S.C., 1940 ed., 315 (Mar. 4, 1909, ch. 321,
192, 335 Stat. 1125).
Mandatory punishment provisions were rephrased in the alternative.
Minor change in phraseology was made.
18 USC 2116. Railway or steamboat post office
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, by violence, enters a post-office car, or any part of any
car, steamboat, or vessel, assigned to the use of the mail service, or
willfully or maliciously assaults or interferes with any postal clerk in
the discharge of his duties in connection with such car, steamboat,
vessel, or apartment thereof, shall be fined not more than $1,000 or
imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 797.)
Based on title 18, U.S.C., 1940 ed., 316 (Mar. 4, 1909, ch. 321,
193, 35 Stat. 1125).
Reference to persons aiding or assisting was deleted as unnecessary
because such persons are made principals by section 2 of this title.
Minor changes were made in phraseology.
18 USC 2117. Breaking or entering carrier facilities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever breaks the seal or lock of any railroad car, vessel,
aircraft, motortruck, wagon or other vehicle or of any pipeline system,
containing interstate or foreign shipments of freight or express or
other property, or enters any such vehicle or pipeline system with
intent in either case to commit larceny therein, shall be fined not more
than $5,000 or imprisoned not more than ten years, or both.
A judgment of conviction or acquittal on the merits under the laws of
any State shall be a bar to any prosecution under this section for the
same act or acts. Nothing contained in this section shall be construed
as indicating an intent on the part of Congress to occupy the field in
which provisions of this section operate to the exclusion of State laws
on the same subject matter, nor shall any provision of this section be
construed as invalidating any provision of State law unless such
provision is inconsistent with any of the purposes of this section or
any provision thereof.
(June 25, 1948, ch. 645, 62 Stat. 797; May 24, 1949, ch. 139, 44,
63 Stat. 96; Oct. 14, 1966, Pub. L. 89-654, 2(a)-(c), 80 Stat. 904.)
Based on title 18, U.S.C., 1940 ed., 409 (Feb. 13, 1913, ch. 50, 1,
37 Stat. 670; Jan. 28, 1925, ch. 102, 43 Stat. 793; Jan. 21, 1933, ch.
16, 47 Stat. 773; July 24, 1946, ch. 606, 60 Stat. 656).
Other provisions of section 409 of title 18, U.S.C., 1940 ed., were
incorporated in sections 659 and 660 of this title.
Minor changes were made in phraseology.
This section (section 44) conforms section 2117 of title 18, U.S.C.,
more closely with the original law from which it was derived, and with
section 659 of such title.
1966 -- Pub. L. 89-654 substituted ''Breaking or entering carrier
facilities'' for ''Railroad car entered or seal broken'' as section
catchline, inserted reference to ''pipeline system'', substituted
''freight or express or other property'' for ''freight or express'', and
prohibited any construction which might indicate a Congressional intent
to occupy the field or invalidate State law.
1949 -- Act May 24, 1949, inserted last par.
Ex. Ord. No. 11836, Jan. 27, 1975, 40 F.R. 4255, which assigned
responsibilities to Federal departments and agencies with respect to the
National Cargo Security Program, was revoked by Ex. Ord. No. 12553,
Feb. 25, 1986, 51 F.R. 7237.
Destruction of property moving in commerce, see sections 1281, 1282
of Title 15, Commerce and Trade.
Entering train to commit murder or robbery, see section 1991 of this
title.
18 USC 2118. Robberies and burglaries involving controlled substances
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever takes or attempts to take from the person or presence of
another by force or violence or by intimidation any material or compound
containing any quantity of a controlled substance belonging to or in the
care, custody, control, or possession of a person registered with the
Drug Enforcement Administration under section 302 of the Controlled
Substances Act (21 U.S.C. 822) shall, except as provided in subsection
(c), be fined not more than $25,000 or imprisoned not more than twenty
years, or both, if (1) the replacement cost of the material or compound
to the registrant was not less than $500, (2) the person who engaged in
such taking or attempted such taking traveled in interstate or foreign
commerce or used any facility in interstate or foreign commerce to
facilitate such taking or attempt, or (3) another person was killed or
suffered significant bodily injury as a result of such taking or
attempt.
(b) Whoever, without authority, enters or attempts to enter, or
remains in, the business premises or property of a person registered
with the Drug Enforcement Administration under section 302 of the
Controlled Substances Act (21 U.S.C. 822) with the intent to steal any
material or compound containing any quantity of a controlled substance
shall, except as provided in subsection (c), be fined not more than
$25,000 or imprisoned not more than twenty years, or both, if (1) the
replacement cost of the controlled substance to the registrant was not
less than $500, (2) the person who engaged in such entry or attempted
such entry or who remained in such premises or property traveled in
interstate or foreign commerce or used any facility in interstate or
foreign commerce to facilitate such entry or attempt or to facilitate
remaining in such premises or property, or (3) another person was killed
or suffered significant bodily injury as a result of such entry or
attempt.
(c)(1) Whoever in committing any offense under subsection (a) or (b)
assaults any person, or puts in jeopardy the life of any person, by the
use of a dangerous weapon or device shall be fined not more than $35,000
and imprisoned for not more than twenty-five years.
(2) Whoever in committing any offense under subsection (a) or (b)
kills any person shall be fined not more than $50,000 or imprisoned for
any term of years or life, or both.
(d) If two or more persons conspire to violate subsection (a) or (b)
of this section and one or more of such persons do any overt act to
effect the object of the conspiracy, each shall be fined not more than
$25,000 or imprisoned not more than ten years or both.
(e) For purposes of this section --
(1) the term ''controlled substance'' has the meaning prescribed for
that term by section 102 of the Controlled Substances Act;
(2) the term ''business premises or property'' includes conveyances
and storage facilities; and
(3) the term ''significant bodily injury'' means bodily injury which
involves a risk of death, significant physical pain, protracted and
obvious disfigurement, or a protracted loss or impairment of the
function of a bodily member, organ, or mental or sensory faculty.
(Added Pub. L. 98-305, 2, May 31, 1984, 98 Stat. 221.)
Section 102 of the Controlled Substances Act, referred to in subsec.
(e)(1), is classified to section 802 of Title 21, Food and Drugs.
Section 1 of Pub. L. 98-305 provided: ''That this Act (enacting
this section and provisions set out as a note under section 522 of Title
28, Judiciary and Judicial Procedure) may be cited as the 'Controlled
Substance Registrant Protection Act of 1984'.''
Attorney General, for first three years after May 31, 1984, to submit
to Congress an annual report with respect to enforcement activities
relating to offenses under this section, see section 4 of Pub. L.
98-305, set out as a note under section 522 of Title 28, Judiciary and
Judicial Procedure.
18 USC 2119. Motor vehicles
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, possessing a firearm as defined in section 921 of this
title, takes a motor vehicle that has been transported, shipped, or
received in interstate or foreign commerce from the person or presence
of another by force and violence or by intimidation, or attempts to do
so, shall --
(1) be fined under this title or imprisoned not more than 15 years,
or both,
(2) if serious bodily injury (as defined in section 1365 of this
title) results, be fined under this title or imprisoned not more than 25
years, or both, and
(3) if death results, be fined under this title or imprisoned for any
number of years up to life, or both.
(Added Pub. L. 102-519, title I, 101(a), Oct. 25, 1992, 106 Stat.
3384.)
Section 101(b) of Pub. L. 102-519 provided that: ''In view of the
increase of motor vehicle theft with its growing threat to human life
and to the economic well-being of the Nation, the Attorney General,
acting through the Federal Bureau of Investigation and the United States
Attorneys, is urged to work with State and local officials to
investigate car thefts, including violations of section 2119 of title
18, United States Code, for armed carjacking, and as appropriate and
consistent with prosecutorial discretion, prosecute persons who
allegedly violate such law and other relevant Federal statutes.''
18 USC CHAPTER 105 -- SABOTAGE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2151. Definitions.
2152. Fortifications, harbor defenses, or defensive sea areas.
2153. Destruction of war material, war premises or war utilities.
2154. Production of defective war material, war premises or war
utilities.
2155. Destruction of national-defense materials, national-defense
premises or national-defense utilities.
2156. Production of defective national-defense material,
national-defense premises or national-defense utilities.
2157. Temporary extension of sections 2153 and 2154.
1954 -- Act Sept. 3, 1954, ch. 1261, 106, 68 Stat. 1219, amended
items 2153 to 2156 generally.
1953 -- Act June 30, 1953, ch. 175, 1, 67 Stat. 133, added item
2157.
Federal retirement benefits, forfeiture upon conviction of offenses
described hereunder, see section 8312 of Title 5, Government
Organization and Employees.
Forfeiture of veterans' benefits upon conviction under this chapter,
see section 6105 of Title 38, Veterans' Benefits.
Security regulations and orders, penalty for violation of, see
section 797 of Title 50, War and National Defense.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this chapter, see section 2516 of
this title.
title 22 section 2778; title 38 section 6105; title
42 section 402; title 50 section 1801.
18 USC 2151. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter:
The words ''war material'' include arms, armament, ammunition,
livestock, forage, forest products and standing timber, stores of
clothing, air, water, food, foodstuffs, fuel, supplies, munitions, and
all articles, parts or ingredients, intended for, adapted to, or
suitable for the use of the United States or any associate nation, in
connection with the conduct of war or defense activities.
The words ''war premises'' include all buildings, grounds, mines, or
other places wherein such war material is being produced, manufactured,
repaired, stored, mined, extracted, distributed, loaded, unloaded, or
transported, together with all machinery and appliances therein
contained; and all forts, arsenals, navy yards, camps, prisons, or
other installations of the Armed Forces of the United States, or any
associate nation.
The words ''war utilities'' include all railroads, railways, electric
lines, roads of whatever description, any railroad or railway fixture,
canal, lock, dam, wharf, pier, dock, bridge, building, structure,
engine, machine, mechanical contrivance, car, vehicle, boat, aircraft,
airfields, air lanes, and fixtures or appurtenances thereof, or any
other means of transportation whatsoever, whereon or whereby such war
material or any troops of the United States, or of any associate nation,
are being or may be transported either within the limits of the United
States or upon the high seas or elsewhere; and all air-conditioning
systems, dams, reservoirs, aqueducts, water and gas mains and pipes,
structures and buildings, whereby or in connection with which air, water
or gas is being furnished, or may be furnished, to any war premises or
to the Armed Forces of the United States, or any associate nation, and
all electric light and power, steam or pneumatic power, telephone and
telegraph plants, poles, wires, and fixtures, and wireless stations, and
the buildings connected with the maintenance and operation thereof used
to supply air, water, light, heat, power, or facilities of communication
to any war premises or to the Armed Forces of the United States, or any
associate nation.
The words ''associate nation'' mean any nation at war with any nation
with which the United States is at war.
The words ''national-defense material'' include arms, armament,
ammunition, livestock, forage, forest products and standing timber,
stores of clothing, air, water, food, foodstuffs, fuel, supplies,
munitions, and all other articles of whatever description and any part
or ingredient thereof, intended for, adapted to, or suitable for the use
of the United States in connection with the national defense or for use
in or in connection with the producing, manufacturing, repairing,
storing, mining, extracting, distributing, loading, unloading, or
transporting of any of the materials or other articles hereinbefore
mentioned or any part or ingredient thereof.
The words ''national-defense premises'' include all buildings,
grounds, mines, or other places wherein such national-defense material
is being produced, manufactured, repaired, stored, mined, extracted,
distributed, loaded, unloaded, or transported, together with all
machinery and appliances therein contained; and all forts, arsenals,
navy yards, camps, prisons, or other installations of the Armed Forces
of the United States.
The words ''national-defense utilities'' include all railroads,
railways, electric lines, roads of whatever description, railroad or
railway fixture, canal, lock, dam, wharf, pier, dock, bridge, building,
structure, engine, machine, mechanical contrivance, car, vehicle, boat,
aircraft, airfields, air lanes, and fixtures or appurtenances thereof,
or any other means of transportation whatsoever, whereon or whereby such
national-defense material, or any troops of the United States, are being
or may be transported either within the limits of the United States or
upon the high seas or elsewhere; and all air-conditioning systems,
dams, reservoirs, aqueducts, water and gas mains and pipes, structures,
and buildings, whereby or in connection with which air, water, or gas
may be furnished to any national-defense premises or to the Armed Forces
of the United States, and all electric light and power, steam or
pneumatic power, telephone and telegraph plants, poles, wires, and
fixtures and wireless stations, and the buildings connected with the
maintenance and operation thereof used to supply air, water, light,
heat, power, or facilities of communication to any national-defense
premises or to the Armed Forces of the United States.
(June 25, 1948, ch. 645, 62 Stat. 798; June 30, 1953, ch. 175, 2,
67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, 101, 68 Stat. 1216.)
Based on sections 101, 104, of title 50, U.S.C., 1940 ed., War and
National Defense (Apr. 20, 1918, ch. 59, 1, 4, 40 Stat. 533; Nov.
30, 1940, ch. 926, 54 Stat. 1220; Aug. 21, 1941, ch. 388, 55 Stat.
655; Dec. 24, 1942, ch. 824, 56 Stat. 1087).
Section consolidated definitive sections 101 and 104 of title 50,
U.S.C., 1940 ed., War and National Defense.
Words ''As used in this chapter'' were inserted at beginning for
brevity.
Definition of ''United States'', was omitted as covered by section 5
of this title.
Minor changes were made in phraseology and translations.
1954 -- Act Sept. 3, 1954, redefined and enlarged definitions.
1953 -- Act June 30, 1953, inserted ''or defense activities'' after
''conduct of war'' in definition of ''war material''.
Section 1 of act Sept. 3, 1954, provided that: ''This Act (amending
this section and sections 794 and 2153 to 2156 of this title) may be
cited as the 'Espionage and Sabotage Act of 1954'.''
Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed
Joint Res. July 3, 1952, ch. 570, 1(a)(29), 66 Stat. 333; Joint
Res. Mar. 31, 1953, ch. 13, 1, 67 Stat. 18, formerly cited as
credits to this section and also formerly set out as a note under this
section.
Applicability of section to Canal Zone, see section 14 of this title.
Repeal of Prior Extensions of War-time Provisions, see note under
section 794 of this title.
War material, amendment of definition, see section 2157 of this
title.
18 USC 2152. Fortifications, harbor defenses, or defensive sea areas
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever willfully trespasses upon, injures, or destroys any of the
works or property or material of any submarine mine or torpedo or
fortification or harbor-defense system owned or constructed or in
process of construction by the United States; or
Whoever willfully interferes with the operation or use of any such
submarine mine, torpedo, fortification, or harbor-defense system; or
Whoever knowingly, willfully, or wantonly violates any duly
authorized and promulgated order or regulation of the President
governing persons or vessels within the limits of defensive sea areas,
which the President, for purposes of national defense, may from time to
time establish by executive order --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 799.)
Based on title 18, U.S.C., 1940 ed., 96 (Mar. 4, 1909, ch. 321, 44,
35 Stat. 1097; Mar. 4, 1917, ch. 180, 39 Stat. 1194; May 22, 1917, ch.
20, 19, 40 Stat. 89).
Jurisdiction and venue provisions were omitted as unnecessary and
inconsistent with Rule 18 of the Federal Rules of Criminal Procedure
providing for prosecution where the offense is committed, and section
3238 of this title providing that trial of offenses committed outside
any district shall be in the district where the offender is found, or
into which he is first brought.
Words ''on conviction thereof'' were omitted as surplusage as
punishment cannot be imposed until conviction is had.
Minor changes were made in phraseology.
Ex. Ord. No. 10361, June 12, 1952, 17 F.R. 5357, formerly set out as
a note under this section, which established the Whittier Defensive Sea
Area, Alaska, was revoked by Ex. Ord. No. 11549, July 28, 1970, 35 F.R.
12191.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 2153. Destruction of war material, war premises, or war
utilities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, when the United States is at war, or in times of
national emergency as declared by the President or by the Congress, with
intent to injure, interfere with, or obstruct the United States or any
associate nation in preparing for or carrying on the war or defense
activities, or, with reason to believe that his act may injure,
interfere with, or obstruct the United States or any associate nation in
preparing for or carrying on the war or defense activities, willfully
injures, destroys, contaminates or infects, or attempts to so injure,
destroy, contaminate or infect any war material, war premises, or war
utilities, shall be fined not more than $10,000 or imprisoned not more
than thirty years, or both.
(b) If two or more persons conspire to violate this section, and one
or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be punished as
provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, 2,
67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, 102, 68 Stat. 1217.)
Based on section 102 of title 50, U.S.C., 1940 ed., War and National
Defense (Apr. 20, 1918, ch. 59, 2, 40 Stat. 534).
''As herein defined'' was deleted as surplusage.
The conspiracy provisions are new. Their addition to the section was
strongly urged by the Criminal Division of the Department of Justice,
considering the gravity of the substantive offense as evidenced by the
prescribed punishment therefor. The punishment provisions of the
general conspiracy statute, section 371 of this title, are inadequate.
Words ''upon conviction thereof'' were omitted as unnecessary since
punishment cannot be imposed until a conviction is secured.
Minor changes were made in phraseology.
1954 -- Act Sept. 3, 1954, made section applicable in time of
national emergency as well as war, and recognized the possibility of
bacteriological warfare by making ''contamination'' a crime.
1953 -- Subsec. (a). Act June 30, 1953, inserted ''or defense
activities'' after ''carrying on the war''.
Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed
Joint Res. July 3, 1952, ch. 570, 1(a)(29), 66 Stat. 333; Joint
Res. Mar. 31, 1953, ch. 13, 1, 67 Stat. 18, formerly cited as
credits to this section and also formerly set out as a note under this
section.
Temporary extension of section, see section 2157 of this title.
Applicability of section to Canal Zone, see section 14 of this title.
Repeal of Prior Extensions of War-time Provisions, see note under
section 794 of this title.
18 USC 2154. Production of defective war material, war premises, or
war utilities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, when the United States is at war, or in times of
national emergency as declared by the President or by the Congress, with
intent to injure, interfere with, or obstruct the United States or any
associate nation in preparing for or carrying on the war or defense
activities, or, with reason to believe that his act may injure,
interfere with, or obstruct the United States or any associate nation in
preparing for or carrying on the war or defense activities, willfully
makes, constructs, or causes to be made or constructed in a defective
manner, or attempts to make, construct, or cause to be made or
constructed in a defective manner any war material, war premises or war
utilities, or any tool, implement, machine, utensil, or receptacle used
or employed in making, producing, manufacturing, or repairing any such
war material, war premises or war utilities, shall be fined not more
than $10,000 or imprisoned not more than thirty years, or both.
(b) If two or more persons conspire to violate this section, and one
or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be punished as
provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 799; June 30, 1953, ch. 175, 2,
67 Stat. 133; Sept. 3, 1954, ch. 1261, title I, 103, 68 Stat. 1218.)
Based on section 103 of title 50, U.S.C., 1940 ed., War and National
Defense (Apr. 20, 1918, ch. 59, 3, 40 Stat. 534).
The conspiracy provisions are new. Their addition to the section was
strongly urged by the Criminal Division of the Department of Justice,
considering the gravity of the substantive offense as evidenced by the
prescribed punishment therefor. The punishment provisions of the
general conspiracy statute, section 371 of this title, are inadequate.
Words ''upon conviction thereof'' were omitted as unnecessary, since
punishment cannot be imposed until a conviction is secured.
Minor changes were made in phraseology.
1954 -- Act Sept. 3, 1954, made section applicable in time of
national emergency, and enlarged its scope by bringing ''war premises,
or war utilities'' within jurisdiction of section.
1953 -- Subsec. (a). Act June 30, 1953, inserted ''or defense
activities'' after ''carrying on the war''.
Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed
Joint Res. July 3, 1952, ch. 570, 1(a)(29), 66 Stat. 333; Joint
Res. Mar. 31, 1953, ch. 13, 1, 67 Stat. 18, formerly cited as
credits to this section and also formerly set out as a note under this
section.
Temporary extension of section, see section 2157 of this title.
Applicability of section to Canal Zone, see section 14 of this title.
Conspiracy to commit offense generally, see section 371 of this
title.
Production of defective national-defense material, see section 2156
of this title.
Repeal of Prior Extensions of War-time Provisions, see note under
section 794 of this title.
18 USC 2155. Destruction of national-defense materials,
national-defense premises or national-defense utilities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, with intent to injure, interfere with, or obstruct the
national defense of the United States, willfully injures, destroys,
contaminates or infects, or attempts to so injure, destroy, contaminate
or infect any national-defense material, national-defense premises, or
national-defense utilities, shall be fined not more than $10,000 or
imprisoned not more than ten years, or both.
(b) If two or more persons conspire to violate this section, and one
or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be punished as
provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 799; Sept. 3, 1954, ch. 1261,
title I, 104, 68 Stat. 1218.)
Based on section 105 of title 50, U.S.C., 1940 ed., War and National
Defense (Apr. 20, 1918, ch. 59, 5, as added Nov. 30, 1940, ch. 926, 54
Stat. 1221).
Words ''upon conviction thereof'' were omitted as unnecessary, since
punishment cannot be imposed until a conviction is secured.
Minor changes were made in phraseology.
1954 -- Act Sept. 3, 1954, inserted conspiracy provisions.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 2156. Production of defective national-defense material,
national-defense premises or national-defense utilities
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, with intent to injure, interfere with, or obstruct the
national defense of the United States, willfully makes, constructs, or
attempts to make or construct in a defective manner, any
national-defense material, national-defense premises or national-defense
utilities, or any tool, implement, machine, utensil, or receptacle used
or employed in making, producing, manufacturing, or repairing any such
national-defense material, national-defense premises or national-defense
utilities, shall be fined not more than $10,000 or imprisoned not more
than ten years, or both.
(b) If two or more persons conspire to violate this section, and one
or more of such persons do any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be punished as
provided in subsection (a) of this section.
(June 25, 1948, ch. 645, 62 Stat. 800; Sept. 3, 1954, ch. 1261,
title I, 105, 68 Stat. 1218.)
Based on section 106 of title 50, U.S.C., 1940 ed., War and National
Defense (Apr. 20, 1918, ch. 59, 6, as added Nov. 30, 1940, ch. 926, 54
Stat. 1221).
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Words ''upon conviction thereof'' were omitted as unnecessary, since
punishment cannot be imposed until a conviction is secured.
Minor changes were made in phraseology.
1954 -- Act Sept. 3, 1954, inserted conspiracy provisions.
Applicability of section to Canal Zone, see section 14 of this title.
Production of defective war material, see section 2154 of this title.
18 USC 2157. Temporary extension of sections 2153 and 2154
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The provisions of sections 2153 and 2154 of this title, as
amended and extended by section 1(a)(29) of the Emergency Powers
Continuation Act (66 Stat. 333), as further amended by Public Law 12,
Eighty-third Congress, in addition to coming into full force and effect
in time of war shall remain in full force and effect until six months
after the termination of the national emergency proclaimed by the
President on December 16, 1950 (Proc. 2912, 3 C.F.R., 1950 Supp., p.
71), or such earlier date as may be prescribed by concurrent resolution
of the Congress, and acts which would give rise to legal consequences
and penalties under any of these provisions when performed during a
state of war shall give rise to the same legal consequences and
penalties when they are performed during the period above provided for.
(b) Effective in each case for the period above provided for, title
18, United States Code, section 2151, is amended by inserting the words
''or defense activities'' immediately before the period at the end of
the definition of ''war material'', and said sections 2153 and 2154 are
amended by inserting the words ''or defense activities'' immediately
after the words ''carrying on the war'' wherever they appear therein.
(Added June 30, 1953, ch. 175, 2, 67 Stat. 133.)
Section 1(a)(29) of the Emergency Powers Continuation Act (66 Stat.
333), as further amended by Public Law 12, Eighty-third Congress,
referred to in subsec. (a), formerly set out as a note under section
2151 of this title, was repealed by section 7 of act June 30, 1953.
(Proc. 2912, 3 C.F.R., 1950 Supp., p. 71), referred to in subsec.
(a), is an erroneous citation. It probably should refer to Proc. 2914
which is set out as a note preceding section 1 of Title 50, Appendix,
War and National Defense.
Declaration of national emergency in effect on Sept. 14, 1976, was
terminated two years from that date by section 1601 of Title 50, War and
National Defense.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC CHAPTER 107 -- SEAMEN AND STOWAWAYS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2191. Cruelty to seamen.
2192. Incitation of seamen to revolt or mutiny.
2193. Revolt or mutiny of seamen.
2194. Shanghaiing sailors.
2195. Abandonment of sailors.
2196. Drunkenness or neglect of duty by seamen.
2197. Misuse of Federal certificate, license or document.
(2198. Repealed.)
2199. Stowaways on vessels or aircraft.
1990 -- Pub. L. 101-647, title XII, 1207(b), Nov. 29, 1990, 104
Stat. 4832, struck out item 2198 ''Seduction of female passenger''.
Vessel of the United States defined, see section 9 of this title.
18 USC 2191. Cruelty to seamen
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being the master or officer of a vessel of the United
States, on the high seas, or on any other waters within the admiralty
and maritime jurisdiction of the United States, flogs, beats, wounds, or
without justifiable cause, imprisons any of the crew of such vessel, or
withholds from them suitable food and nourishment, or inflicts upon them
any corporal or other cruel and unusual punishment, shall be fined not
more than $1,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 800.)
Based on title 18, U.S.C., 1940 ed., 482 and section 712 of title
46, U.S.C., 1940 ed., Shipping (Dec. 21, 1898, ch. 28, 22, 30 Stat.
761; Mar. 4, 1909, ch. 321, 291, 35 Stat. 1145).
Section consolidates section 482 of title 18, U.S.C., 1940 ed., and
the following language from section 712 of title 46, U.S.C., 1940 ed.,
Shipping, prohibiting flogging and corporal punishment: ''and any
master or other officer thereof who shall violate the aforesaid
provisions of this section, or either thereof, shall be deemed guilty of
a misdemeanor, punishable by imprisonment for not less than three months
nor more than two years.'' That language was the basis for the addition
of the word ''flogs'' and the words ''any corporal or other'' for the
word ''any.'' The punishment imposed by section 482 was adopted as that
was the later statute as incorporated in 1909 Criminal Code.
Words ''shall be deemed guilty of a misdemeanor,'' contained in said
section 712 of title 46, were omitted in view of definitive section 1 of
this title.
Minor changes were made in phraseology.
Complaint as to provisions or water, see sections 10902, 10907 of
Title 46, Shipping.
Corporal punishment prohibited; duty to surrender guilty officer;
civil liability, see section 11507 of Title 46.
Neglect to provide sufficient stores, penalty for, see sections
10321, 11106 of Title 46.
Penalty for failure to keep medicines, see section 11102 of Title 46.
Recovery for injury to or death of seaman, see section 688 of Title
46, Appendix.
Scale of provisions to be allowed and served out to the crew during
the voyage, see section 10303 of Title 46.
Surrendering officer inflicting corporal punishment, liability of
master, see section 11507 of Title 46.
Wages on justifiable complaint of seaman, see section 11106 of Title
46.
18 USC 2192. Incitation of seamen to revolt or mutiny
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being of the crew of a vessel of the United States, on the
high seas, or on any other waters within the admiralty and maritime
jurisdiction of the United States, endeavors to make a revolt or mutiny
on board such vessel, or combines, conspires, or confederates with any
other person on board to make such revolt or mutiny, or solicits,
incites, or stirs up any other of the crew to disobey or resist the
lawful orders of the master or other officer of such vessel, or to
refuse or neglect his proper duty on board thereof, or to betray his
proper trust, or assembles with others in a tumultuous and mutinous
manner, or makes a riot on board thereof, or unlawfully confines the
master or other commanding officer thereof, shall be fined not more than
$1,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 800.)
Based on title 18, U.S.C., 1940 ed., 483 (Mar. 4, 1909, ch. 321,
292, 35 Stat. 1146).
Minor changes were made in phraseology.
18 USC 2193. Revolt or mutiny of seamen
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being of the crew of a vessel of the United States, on the
high seas, or on any other waters within the admiralty and maritime
jurisdiction of the United States, unlawfully and with force, or by
fraud, or intimidation, usurps the command of such vessel from the
master or other lawful officer in command thereof, or deprives him of
authority and command on board, or resists or prevents him in the free
and lawful exercise thereof, or transfers such authority and command to
another not lawfully entitled thereto, is guilty of a revolt and mutiny,
and shall be fined not more than $2,000 or imprisoned not more than ten
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 800.)
Based on title 18, U.S.C., 1940 ed., 484 (Mar. 4, 1909, ch. 321,
293, 35 Stat. 1146).
Punishment provision for mandatory fine and imprisonment was
rephrased in the alternative so as to vest power in the court to impose
either a fine, or imprisonment, or both, in its discretion.
Willful disobedience to lawful command at sea and assault upon master
or mate, see section 11501 of Title 46, Shipping.
18 USC 2194. Shanghaiing sailors
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, with intent that any person shall perform service or labor
of any kind on board of any vessel engaged in trade and commerce among
the several States or with foreign nations, or on board of any vessel of
the United States engaged in navigating the high seas or any navigable
water of the United States, procures or induces, or attempts to procure
or induce, another, by force or threats or by representations which he
knows or believes to be untrue, or while the person so procured or
induced is intoxicated or under the influence of any drug, to go on
board of any such vessel, or to sign or in anywise enter into any
agreement to go on board of any such vessel to perform service or labor
thereon; or
Whoever knowingly detains on board of any such vessel any person so
procured or induced to go on board, or to enter into any agreement to go
on board, by any means herein defined --
Shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
(June 25, 1948, ch. 645, 62 Stat. 800.)
Based on title 18, U.S.C., 1940 ed., 144 (Mar. 4, 1909, ch. 321,
82, 35 Stat. 1103).
Reference to persons aiding or abetting was omitted as unnecessary as
such persons are made principals by section 2 of this title.
Minor changes were made in phraseology and arrangement.
18 USC 2195. Abandonment of sailors
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being master or commander of a vessel of the United States,
while abroad, maliciously and without justifiable cause forces any
officer or mariner of such vessel on shore, in order to leave him behind
in any foreign port or place, or refuses to bring home again all such
officers and mariners of such vessel whom he carried out with him, as
are in a condition to return and willing to return, when he is ready to
proceed on his homeward voyage, shall be fined not more than $500 or
imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 801.)
Based on title 18, U.S.C., 1940 ed., 486 (Mar. 4, 1909, ch. 321,
295, 35 Stat. 1146).
Penalty for neglect of consular officer to collect wages, see section
10318 of Title 46, Shipping.
Wages on --
Discharge by consular officer, see section 10318 of Title 46.
Justifiable complaint of seaman, see section 11106 of Title 46.
18 USC 2196. Drunkenness or neglect of duty by seamen
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being a master, officer, radio operator, seaman, apprentice
or other person employed on any merchant vessel, by willful breach of
duty, or by reason of drunkenness, does any act tending to the immediate
loss or destruction of, or serious damage to, such vessel, or tending
immediately to endanger the life or limb of any person belonging to or
on board of such vessel; or, by willful breach of duty or by neglect of
duty or by reason of drunkenness, refuses or omits to do any lawful act
proper and requisite to be done by him for preserving such vessel from
immediate loss, destruction, or serious damage, or for preserving any
person belonging to or on board of such ship from immediate danger to
life or limb, shall be imprisoned not more than one year.
(June 25, 1948, ch. 645, 62 Stat. 801.)
Based on section 704 of title 46, U.S.C., 1940 ed., Shipping (R.S.
4602).
Words ''officer, radio operator,'' and ''or other person employed
on'' were inserted at beginning of section to insure clarity and scope
of section. Section 701 of title 46, U.S.C., 1940 ed., Shipping, is
very similar to this section as revised, and has been applied to mates
(Morris v. Cornell, D.C. Mass. 1843, Fed. Cas. No. 9,829; Gladding v.
Constant, D.C. Mass. 1844, Fed. Cas. No. 5,468; Foye v. Dabney, D.C.
Mass. 1853, Fed. Cas. No. 5,022; Foye v. Lickie, D.C. Mass. 1853, Fed.
Cas. No. 5,023; The Sylvia De Grasse, D.C.N.Y. 1843, Fed. Cas. No.
12,676; The Sadie C. Sumner, D.C. Mass. 1905, 142 F. 611), as well as
engineers, assistant engineers and cooks. (See notes of decisions under
section 701, of title 46, U.S.C., Shipping.)
Words ''be guilty of a misdemeanor'' were omitted as unnecessary in
view of general definition of ''misdemeanor'' in section 1 of this
title.
Minor changes were made in phraseology including substitution of
''one year'' for ''twelve months'' at end of section.
18 USC 2197. Misuse of Federal certificate, license or document
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, not being lawfully entitled thereto, uses, exhibits, or
attempts to use or exhibit, or, with intent unlawfully to use the same,
receives or possesses any certificate, license, or document issued to
vessels, or officers or seamen by any officer or employee of the United
States authorized by law to issue the same; or
Whoever, without authority, alters or attempts to alter any such
certificate, license, or document by addition, interpolation, deletion,
or erasure; or
Whoever forges, counterfeits, or steals, or attempts to forge,
counterfeit, or steal, any such certificate, license, or document; or
unlawfully possesses or knowingly uses any such altered, changed,
forged, counterfeit, or stolen certificate, license, or document; or
Whoever, without authority, prints or manufactures any blank form of
such certificate, license, or document, or
Whoever possesses without lawful excuse, and with intent unlawfully
to use the same, any blank form of such certificate, license, or
document; or
Whoever, in any manner, transfers or negotiates such transfer of, any
blank form of such certificate, license, or document, or any such
altered, forged, counterfeit, or stolen certificate, license, or
document, or any such certificate, license, or document to which the
party transferring or receiving the same is not lawfully entitled --
Shall be fined not more than $5,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 801.)
Based on section 710a of title 46, U.S.C., 1940 ed., Shipping (June
25, 1936, ch. 816, 6, 49 Stat. 1936).
The phrase ''the Bureau of Marine Inspection and Navigation,''
identifying the agency issuing the certificate, license or document, was
omitted without change of substance. The functions of the Bureau of
Marine Inspection and Navigation were transferred to the Bureau of
Customs and the Coast Guard by Executive Order 9083 Feb. 28, 1942,
title 50, App. U.S.C., 1940 ed., following 601. Such transfer is
temporary under section 621 of title 50, App., U.S.C., 1940 ed. (First
War Powers Act).
As revised the section is broad enough to embrace certificates,
licenses and documents issued by the officers or employees of the Coast
Guard and Customs Service, as the case may be.
Reference to persons causing, procuring, aiding or abetting was
omitted as such persons are principals under section 2 of this title.
Words ''upon conviction thereof'' were omitted as unnecessary, since
punishment cannot be imposed until a conviction is secured.
Changes were made in phraseology and arrangement.
Enforcement and regulations, see section 2103 of Title 46, Shipping.
18 USC ( 2198. Repealed. Pub. L. 101-647, title XII, 1207(b), Nov.
29, 1990, 104 Stat. 4832)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 802, related to
penalties for seducing a female passenger on an American vessel by
employees of the vessel.
18 USC 2199. Stowaways on vessels or aircraft
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, without the consent of the owner, charterer, master, or
person in command of any vessel, or aircraft, with intent to obtain
transportation, boards, enters or secretes himself aboard such vessel or
aircraft and is thereon at the time of departure of said vessel or
aircraft from a port, harbor, wharf, airport or other place within the
jurisdiction of the United States; or
Whoever, with like intent, having boarded, entered or secreted
himself aboard a vessel or aircraft at any place within or without the
jurisdiction of the United States, remains aboard after the vessel or
aircraft has left such place and is thereon at any place within the
jurisdiction of the United States; or
Whoever, with intent to obtain a ride or transportation, boards or
enters any aircraft owned or operated by the United States without the
consent of the person in command or other duly authorized officer or
agent --
Shall be fined not more than $1,000 or imprisoned not more than one
year, or both.
The word ''aircraft'' as used in this section includes any
contrivance for navigation or flight in the air.
(June 25, 1948, ch. 645, 62 Stat. 802.)
Based on title 18, U.S.C., 1940 ed., 469-474 (June 11, 1940, ch.
326, 1-3, 54 Stat. 306; Mar. 4, 1944, ch. 82, 1-4, 58 Stat. 111;
Apr. 10, 1944, ch. 162, 58 Stat. 188).
Sections consolidated and rewritten with changes of phraseology and
substance.
In section 469 of title 18, U.S.C., 1940 ed., the element of intent
not to pay for transportation was omitted as unnecessary since the
payment of transportation will invariably remove the stowaway from the
operation of the section by purchasing the master's ''consent''.
In section 472 of title 18, U.S.C., 1940 ed., the enumerations of
State, Territory, Possession, District of Columbia, and The Canal Zone,
was omitted as adequately covered by ''place within the jurisdiction of
the United States.''
The punishment provision is the same as in sections 470, 472, and 473
of title 18, U.S.C., 1940 ed., but the fine is $500 more than the
maximum fine provided by said section 469. There seemed no point,
however, in preserving a differential in favor of the stowaway as
against the aider and abettor of $500. The court can be trusted to
exercise a wise discretion within the slightly larger limits provided by
the revised section.
The provision for punishment of aiders and abettors in section 470 of
title 18, U.S.C., 1940 ed., was omitted as unnecessary since they are
punishable as principals by section 2 of this title.
Sections 471 and 474 of title 18, U.S.C., 1940 ed., were omitted as
obviously unnecessary.
Applicability of section to Canal Zone, see section 14 of this title.
Exclusion of stowaways under immigration laws, see section 1182 of
Title 8, Aliens and Nationality.
Unlawful bringing of aliens into United States, alien stowaways, see
section 1323 of Title 8.
18 USC CHAPTER 109 -- SEARCHES AND SEIZURES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2231. Assault or resistance.
2232. Destruction or removal of property to prevent seizure.
2233. Rescue of seized property.
2234. Authority exceeded in executing warrant.
2235. Search warrant procured maliciously.
2236. Searches without warrant.
Procedure relating to searches and seizures, see sections 3101 to
3116 of this title and rule 41 of the Federal Rules of Criminal
Procedure, Appendix to this title.
18 USC 2231. Assault or resistance
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever forcibly assaults, resists, opposes, prevents, impedes,
intimidates, or interferes with any person authorized to serve or
execute search warrants or to make searches and seizures while engaged
in the performance of his duties with regard thereto or on account of
the performance of such duties, shall be fined not more than $5,000 or
imprisoned not more than three years, or both; and --
(b) Whoever, in committing any act in violation of this section, uses
any deadly or dangerous weapon, shall be fined not more than $10,000 or
imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 802.)
Based on title 18, U.S.C., 1940 ed., 121, 253, 254, 628 (Mar. 4,
1909, ch. 321, 65, 35 Stat. 1100; June 15, 1917, ch. 30, title XI,
18, 40 Stat. 230; May 18, 1934, ch. 299, 1, 2, 48 Stat. 780, 781;
Feb. 8, 1936, ch. 40, 49 Stat. 1105; June 26, 1936, ch. 830, title I,
3, 49 Stat. 1940; Reorg. Plan No. II, 4(f), eff. July 1, 1939, 4 Fed.
Reg. 2731, 53 Stat. 1433; June 13, 1940, ch. 359, 54 Stat. 391).
Section consolidates section 628 of title 18, U.S.C., 1940 ed., and
the portion of section 121 of said title relating to resistance of
persons authorized to make searches.
Punishment provided by section 121 of title 18, U.S.C., 1940 ed., was
$2,000 fine and imprisonment for 1 year. Section 628 of said title was
part of Espionage Act of June 15, 1917, ch. 30, title XIII, 1, 40
Stat. 231, prescribing fine of not more than $1,000 and imprisonment
not exceeding 2 years for resisting service, execution of search
warrant, or assaulting an officer.
Section 253 of title 18, U.S.C., 1940 ed., enumerated United States
marshals, deputies, and assistants, Federal Bureau of Investigation
agents, and numerous other officers, the killing of whom is denounced as
a Federal offense.
Section 254 of title 18, U.S.C., 1940 ed., denounced the assaulting
of such officers and prescribed punishment therefor without regard to
nature of duties involved or performed.
In other words sections 253 and 254 of title 18, U.S.C., 1940 ed.,
were not limited to officers executing search warrants.
Officers enumerated in section 253 of title 18, U.S.C., 1940 ed.,
were substantially all those who serve or execute search warrants.
Therefore, the language and punishment under section 254 of said title
constitute basis of this revised section. No change in legislative
intent is involved, as the amendments of sections 253 and 254 of said
title are the latest enactments.
The provisions of section 121 of title 18, U.S.C., 1940 ed., relating
to rescue of property from seizing officer or its destruction to prevent
seizure, are incorporated in sections 2232 and 2233 of this title.
Minor changes were made in translation and phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Assaulting or resisting certain officers or employees, see section
111 of this title.
Jurisdiction of offenses, see section 3241 of this title.
Protection of officers and employees of United States, see section
1114 of this title.
18 USC 2232. Destruction or removal of property to prevent seizure
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Physical Interference With Search. -- Whoever, before, during, or
after seizure of any property by any person authorized to make searches
and seizures, in order to prevent the seizure or securing of any goods,
wares, or merchandise by such person, staves, breaks, throws overboard,
destroys, or removes the same, shall be fined not more than $10,000 or
imprisoned not more than five years, or both.
(b) Notice of Search. -- Whoever, having knowledge that any person
authorized to make searches and seizures has been authorized or is
otherwise likely to make a search or seizure, in order to prevent the
authorized seizing or securing of any person, goods, wares, merchandise
or other property, gives notice or attempts to give notice of the
possible search or seizure to any person shall be fined not more than
$10,000 or imprisoned not more than five years, or both.
(c) Notice of Certain Electronic Surveillance. -- Whoever, having
knowledge that a Federal investigative or law enforcement officer has
been authorized or has applied for authorization under chapter 119 to
intercept a wire, oral, or electronic communication, in order to
obstruct, impede, or prevent such interception, gives notice or attempts
to give notice of the possible interception to any person shall be fined
under this title or imprisoned not more than five years, or both.
Whoever, having knowledge that a Federal officer has been authorized
or has applied for authorization to conduct electronic surveillance
under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801,
et seq.), in order to obstruct, impede, or prevent such activity, gives
notice or attempts to give notice of the possible activity to any person
shall be fined under this title or imprisoned not more than five years,
or both.
(June 25, 1948, ch. 645, 62 Stat. 802; Oct. 12, 1984, Pub. L.
98-473, title II, 1103, 98 Stat. 2143; Oct. 21, 1986, Pub. L. 99-508,
title I, 109, 100 Stat. 1858; Nov. 10, 1986, Pub. L. 99-646, 33, 100
Stat. 3598; Nov. 18, 1988, Pub. L. 100-690, title VII, 7066, 102 Stat.
4404.)
Based on title 18, U.S.C., 1940 ed., 121 (Mar. 4, 1909, ch. 321,
65, 35 Stat. 1100).
Section was formed from the words following the first semicolon and
ending with the second semicolon, in section 121 of title 18, U.S.C.,
1940 ed.
The remaining provisions of section 121 of title 18, U.S.C., 1940
ed., relating to assaulting, resisting, or interfering with customs
officers, revenue officers, or other persons, and to the rescue of
seized property, constitute, along with provisions from other sections,
sections 2231 and 2233 of this title.
Minor changes were made in phraseology.
The Foreign Intelligence Surveillance Act of 1978, referred to in
subsec. (c), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
amended, which is classified principally to chapter 36 ( 1801 et seq.)
of Title 50, War and National Defense. For complete classification of
this Act to the Code, see Short Title note set out under section 1801 of
Title 50 and Tables.
1988 -- Subsec. (c). Pub. L. 100-690 inserted ''of 1978'' after
''Surveillance Act''.
1986 -- Pub. L. 99-646 directed the designation of first and second
pars. as subsecs. (a) and (b), respectively, which had been previously
so designated by Pub. L. 99-508, and substituted ''imprisoned not'' for
''imprisoned'' in subsec. (a).
Pub. L. 99-508 designated first and second pars. as subsecs. (a)
and (b), respectively, and inserted headings, and added subsec. (c).
1984 -- Pub. L. 98-473, 1103(a), substituted provisions raising the
maximum fine from $2,000 to $10,000 and raising the maximum term of
imprisonment from two years to five years.
Pub. L. 98-473, 1103(b), inserted paragraph relating to the
penalties for warning the subject of a search.
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
18 USC 2233. Rescue of seized property
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever forcibly rescues, dispossesses, or attempts to rescue or
dispossess any property, articles, or objects after the same shall have
been taken, detained, or seized by any officer or other person under the
authority of any revenue law of the United States, or by any person
authorized to make searches and seizures, shall be fined not more than
$2,000 or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 802.)
Based on title 18, U.S.C., 1940 ed., 121, 128 (Mar. 4, 1909, ch.
321, 65, 71, 35 Stat. 1100, 1101).
Section consolidates that portion of section 121 of title 18, U.S.C.,
1940 ed., relating to rescue of seized property, with section 128 of
title 18, U.S.C., 1940 ed.
The remaining provisions of section 121 of present title 18, U.S.C.,
1940 ed., relating to assaulting, resisting, or interfering with customs
officers, revenue officers, or other persons, and to the destruction or
removal of property to prevent seizure, constitute sections 2231 and
2232 of this title, the former provisions being consolidated with
certain provisions of other sections.
Said section 121 of present title 18, U.S.C., 1940 ed., provided for
punishment by fine of not more than $2,000 or imprisonment of not more
than 1 year, or both, of persons rescuing, attempting to rescue, or
causing to be rescued, ''any property'' which has been seized by ''any
person'' authorized to make searches and seizures.
Said section 128 of present title 18, U.S.C., 1940 ed., provided for
punishment by fine of not more than $300 and imprisonment for not more
than 1 year of persons dispossessing, rescuing, or attempting to
dispossess or rescue, or aiding or assisting in dispossessing or
rescuing, ''any property taken or detained by any officer or other
person under the authority of any revenue law of the United States.''
This revised section adopts the maximum fine provisions of section
121 of title 18, U.S.C., 1940 ed., and extends the maximum term of
imprisonment to 2 years. This was deemed advisable so that uniformity
of punishment would be established and the provisions would be
sufficiently broad to impose punishment commensurate with the gravity of
the offense. (See section 3601(c)(2) of title 26, U.S.C., 1940 ed.,
Internal Revenue Code.)
Reference to persons causing, procuring, aiding or assisting was
omitted as unnecessary in view of definition of ''principal'' in section
2 of this title.
Changes were made in phraseology.
Jurisdiction of offenses, see section 3241 of this title.
18 USC 2234. Authority exceeded in executing warrant
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, in executing a search warrant, willfully exceeds his
authority or exercises it with unnecessary severity, shall be fined not
more than $1,000 or imprisoned not more than one year.
(June 25, 1948, ch. 645, 62 Stat. 803.)
Based on title 18, U.S.C., 1940 ed., 631 (June 15, 1917, ch. 30,
title XI, 21, 40 Stat. 230).
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Breaking doors or windows to execute warrant, see section 3109 of
this title.
Jurisdiction of offenses, see section 3241 of this title.
Minor offenses tried by United States magistrate judges as excluding
offenses punishable under this section, see section 3401 of this title.
18 USC 2235. Search warrant procured maliciously
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever maliciously and without probable cause procures a search
warrant to be issued and executed, shall be fined not more than $1,000
or imprisoned not more than one year.
(June 25, 1948, ch. 645, 62 Stat. 803.)
Based on title 18, U.S.C., 1940 ed., 630 (June 15, 1917, ch. 30,
title XI, 20, 40 Stat. 230).
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Jurisdiction of offenses, see section 3241 of this title.
Minor offenses tried by United States magistrate judges as excluding
offenses punishable under this section, see section 3401 of this title.
18 USC 2236. Searches without warrant
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being an officer, agent, or employee of the United States or
any department or agency thereof, engaged in the enforcement of any law
of the United States, searches any private dwelling used and occupied as
such dwelling without a warrant directing such search, or maliciously
and without reasonable cause searches any other building or property
without a search warrant, shall be fined for a first offense not more
than $1,000; and, for a subsequent offense, shall be fined not more
than $1,000 or imprisoned not more than one year, or both.
This section shall not apply to any person --
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest a person committing or
attempting to commit an offense in his presence, or who has committed or
is suspected on reasonable grounds of having committed a felony; or
(c) making a search at the request or invitation or with the consent
of the occupant of the premises.
(June 25, 1948, ch. 645, 62 Stat. 803.)
Based on title 18, U.S.C., 1940 ed., 53a (Aug. 27, 1935, ch. 740,
201, 49 Stat. 877).
Words ''or any department or agency thereof'' were inserted to avoid
ambiguity as to scope of section. (See definitive section 6 of this
title.)
The exception in the case of an invitation or the consent of the
occupant, was inserted to make the section complete and remove any doubt
as to the application of this section to searches which have uniformly
been upheld.
Reference to misdemeanor was omitted in view of definitive section 1
of this title. (See reviser's note under section 212 of this title.)
Words ''upon conviction thereof shall be'' were omitted as
surplusage, since punishment cannot be imposed until conviction is
secured.
Minor changes were made in phraseology.
False representation as officer and search by impersonator, see
section 913 of this title.
Minor offenses tried by United States magistrate judges as excluding
offenses punishable under this section, see section 3401 of this title.
Unreasonable searches and seizures prohibited, see Const. Amend. 4.
18 USC CHAPTER 109A -- SEXUAL ABUSE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2241. Aggravated sexual abuse.
2242. Sexual abuse.
2243. Sexual abuse of a minor or ward.
2244. Abusive sexual contact.
2245. Definitions for chapter.
Pub. L. 99-646 and Pub. L. 99-654 added identical chapters 109A.
section 1472.
18 USC 2241. Aggravated sexual abuse
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) By Force or Threat. -- Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal prison,
knowingly causes another person to engage in a sexual act --
(1) by using force against that other person; or
(2) by threatening or placing that other person in fear that any
person will be subjected to death, serious bodily injury, or kidnaping;
or attempts to do so, shall be fined under this title, imprisoned for
any term of years or life, or both.
(b) By Other Means. -- Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal prison,
knowingly --
(1) renders another person unconscious and thereby engages in a
sexual act with that other person; or
(2) administers to another person by force or threat of force, or
without the knowledge or permission of that person, a drug, intoxicant,
or other similar substance and thereby --
(A) substantially impairs the ability of that other person to
appraise or control conduct; and
(B) engages in a sexual act with that other person;
or attempts to do so, shall be fined under this title, imprisoned for
any term of years or life, or both.
(c) With Children. -- Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal prison,
knowingly engages in a sexual act with another person who has not
attained the age of 12 years, or attempts to do so, shall be fined under
this title, imprisoned for any term of years or life, or both.
(d) State of Mind Proof Requirement. -- In a prosecution under
subsection (c) of this section, the Government need not prove that the
defendant knew that the other person engaging in the sexual act had not
attained the age of 12 years.
(Added Pub. L. 99-646, 87(b), Nov. 10, 1986, 100 Stat. 3620, and
Pub. L. 99-654, 2, Nov. 14, 1986, 100 Stat. 3660.)
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2241.
Section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654
provided, respectively, that: ''This section and the amendments made by
this section (see Short Title note below) shall take effect 30 days
after the date of the enactment of this Act (Nov. 10, 1986).'' and
''This Act and the amendments made by this Act (see Short Title note
below) shall take effect 30 days after the date of the enactment of this
Act (Nov. 14, 1986).''
Section 87(a) of Pub. L. 99-646 and section 1 of Pub. L. 99-654
provided, respectively, that: ''This section (enacting this chapter,
amending sections 113, 1111, 1153, and 3185 of this title, sections
300w-3, 300w-4, and 9511 of Title 42, The Public Health and Welfare, and
section 1472 of Title 49, Appendix, Transportation, and repealing
chapter 99 of this title) may be cited as the 'Sexual Abuse Act of
1986'.'' and ''This Act (enacting this chapter, amending sections 113,
1111, 1153, and 3185 of this title, sections 300w-3, 300w-4, and 9511 of
Title 42, and section 1472 of Title 49, Appendix, Transportation, and
repealing chapter 99 of this title) may be cited as the 'Sexual Abuse
Act of 1986'.''
18 USC 2242. Sexual abuse
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, in the special maritime and territorial jurisdiction of the
United States or in a Federal prison, knowingly --
(1) causes another person to engage in a sexual act by threatening or
placing that other person in fear (other than by threatening or placing
that other person in fear that any person will be subjected to death,
serious bodily injury, or kidnaping); or
(2) engages in a sexual act with another person if that other person
is --
(A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or
communicating unwillingness to engage in, that sexual act;
or attempts to do so, shall be fined under this title, imprisoned not
more than 20 years, or both.
(Added Pub. L. 99-646, 87(b), Nov. 10, 1986, 100 Stat. 3621, and
Pub. L. 99-654, 2, Nov. 14, 1986, 100 Stat. 3661.)
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2242.
18 USC 2243. Sexual abuse of a minor or ward
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Of a Minor. -- Whoever, in the special maritime and territorial
jurisdiction of the United States or in a Federal prison, knowingly
engages in a sexual act with another person who --
(1) has attained the age of 12 years but has not attained the age of
16 years; and
(2) is at least four years younger than the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned not
more than 15 years, or both.
(b) Of a Ward. -- Whoever, in the special maritime and territorial
jurisdiction of the United States or in a Federal prison, knowingly
engages in a sexual act with another person who is --
(1) in official detention; and
(2) under the custodial, supervisory, or disciplinary authority of
the person so engaging;
or attempts to do so, shall be fined under this title, imprisoned not
more than one year, or both.
(c) Defenses. -- (1) In a prosecution under subsection (a) of this
section, it is a defense, which the defendant must establish by a
preponderance of the evidence, that the defendant reasonably believed
that the other person had attained the age of 16 years.
(2) In a prosecution under this section, it is a defense, which the
defendant must establish by a preponderance of the evidence, that the
persons engaging in the sexual act were at that time married to each
other.
(d) State of Mind Proof Requirement. -- In a prosecution under
subsection (a) of this section, the Government need not prove that the
defendant knew --
(1) the age of the other person engaging in the sexual act; or
(2) that the requisite age difference existed between the persons so
engaging.
(Added Pub. L. 99-646, 87(b), Nov. 10, 1986, 100 Stat. 3621, and
Pub. L. 99-654, 2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L.
101-647, title III, 322, Nov. 29, 1990, 104 Stat. 4818.)
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2243.
1990 -- Subsec. (a). Pub. L. 101-647 substituted ''15 years'' for
''five years'' in concluding provisions.
18 USC 2244. Abusive sexual contact
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Sexual Conduct in Circumstances Where Sexual Acts Are Punished by
This Chapter. -- Whoever, in the special maritime and territorial
jurisdiction of the United States or in a Federal prison, knowingly
engages in or causes sexual contact with or by another person, if so to
do would violate --
(1) section 2241 of this title had the sexual contact been a sexual
act, shall be fined under this title, imprisoned not more than ten
years, or both;
(2) section 2242 of this title had the sexual contact been a sexual
act, shall be fined under this title, imprisoned not more than three
years, or both;
(3) subsection (a) of section 2243 of this title had the sexual
contact been a sexual act, shall be fined under this title, imprisoned
not more than two years, or both; or
(4) subsection (b) of section 2243 of this title had the sexual
contact been a sexual act, shall be fined not more than $5,000,
imprisoned not more than six months, or both.
(b) In Other Circumstances. -- Whoever, in the special maritime and
territorial jurisdiction of the United States or in a Federal prison,
knowingly engages in sexual contact with another person without that
other person's permission shall be fined not more than $5,000,
imprisoned not more than six months, or both.
(Added Pub. L. 99-646, 87(b), Nov. 10, 1986, 100 Stat. 3622, and
Pub. L. 99-654, 2, Nov. 14, 1986, 100 Stat. 3661; amended Pub. L.
100-690, title VII, 7058(a), Nov. 18, 1988, 102 Stat. 4403.)
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2244.
1988 -- Subsec. (a). Pub. L. 100-690 substituted ''ten years'' for
''five years'' in par. (1) and ''two years'' for ''one year'' in par.
(3).
18 USC 2245. Definitions for chapter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) the term ''prison'' means a correctional, detention, or penal
facility;
(2) the term ''sexual act'' means --
(A) contact between the penis and the vulva or the penis and the
anus, and for purposes of this subparagraph contact involving the penis
occurs upon penetration, however slight;
(B) contact between the mouth and the penis, the mouth and the vulva,
or the mouth and the anus; or
(C) the penetration, however slight, of the anal or genital opening
of another by a hand or finger or by any object, with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify the sexual
desire of any person; and
(3) the term ''sexual contact'' means the intentional touching,
either directly or through the clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks of any person with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of
any person;
(4) the term ''serious bodily injury'' means bodily injury that
involves a substantial risk of death, unconsciousness, extreme physical
pain, protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty.
(5) the term ''official detention'' means --
(A) detention by a Federal officer or employee, or under the
direction of a Federal officer or employee, following arrest for an
offense; following surrender in lieu of arrest for an offense;
following a charge or conviction of an offense, or an allegation or
finding of juvenile delinquency; following commitment as a material
witness; following civil commitment in lieu of criminal proceedings or
pending resumption of criminal proceedings that are being held in
abeyance, or pending extradition, deportation, or exclusion; or
(B) custody by a Federal officer or employee, or under the direction
of a Federal officer or employee, for purposes incident to any detention
described in subparagraph (A) of this paragraph, including
transportation, medical diagnosis or treatment, court appearance, work,
and recreation;
but does not include supervision or other control (other than custody
during specified hours or days) after release on bail, probation, or
parole, or after release following a finding of juvenile delinquency.
(Added Pub. L. 99-646, 87(b), Nov. 10, 1986, 100 Stat. 3622, and
Pub. L. 99-654, 2, Nov. 14, 1986, 100 Stat. 3662.)
Pub. L. 99-646 and Pub. L. 99-654 added identical sections 2245.
18 USC CHAPTER 110 -- SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2251. Sexual exploitation of children.
2251A. Selling or buying of children.
2252. Certain activities relating to material involving the sexual
exploitation of minors.
2253. Criminal forfeiture.
2254. Civil forfeiture.
2255. Civil remedy for personal injuries.
2256. Definitions for chapter.
2257. Record keeping requirements.
2258. Failure to report child abuse.
1990 -- Pub. L. 101-647, title II, 226(g)(2), Nov. 29, 1990, 104
Stat. 4808, inserted ''AND OTHER ABUSE'' after ''EXPLOITATION'' in
chapter heading and added item 2258.
1988 -- Pub. L. 100-690, title VII, 7512(c), 7513(b), Nov. 18,
1988, 102 Stat. 4487, 4488, added items 2251A and 2257.
1986 -- Pub. L. 99-500, 101(b), (title VII, 703(b)), Oct. 18,
1986, 100 Stat. 1783-39, 1783-75, and Pub. L. 99-591, 101(b) (title
VII, 703(b)), Oct. 30, 1986, 100 Stat. 3341-39, 3341-75, added item
2255 and redesignated former item 2255 as 2256.
1984 -- Pub. L. 98-292, 7, May 21, 1984, 98 Stat. 206, added items
2253 and 2254 and redesignated former item 2253 as 2255.
18 USC 2251. Sexual exploitation of children
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any person who employs, uses, persuades, induces, entices, or
coerces any minor to engage in, or who has a minor assist any other
person to engage in, or who transports any minor in interstate or
foreign commerce, or in any Territory or Possession of the United
States, with the intent that such minor engage in, any sexually explicit
conduct for the purpose of producing any visual depiction of such
conduct, shall be punished as provided under subsection (d), if such
person knows or has reason to know that such visual depiction will be
transported in interstate or foreign commerce or mailed, or if such
visual depiction has actually been transported in interstate or foreign
commerce or mailed.
(b) Any parent, legal guardian, or person having custody or control
of a minor who knowingly permits such minor to engage in, or to assist
any other person to engage in, sexually explicit conduct for the purpose
of producing any visual depiction of such conduct shall be punished as
provided under subsection (d) of this section, if such parent, legal
guardian, or person knows or has reason to know that such visual
depiction will be transported in interstate or foreign commerce or
mailed or if such visual depiction has actually been transported in
interstate or foreign commerce or mailed.
(c)(1) Any person who, in a circumstance described in paragraph (2),
knowingly makes, prints, or publishes, or causes to be made, printed, or
published, any notice or advertisement seeking or offering --
(A) to receive, exchange, buy, produce, display, distribute, or
reproduce, any visual depiction, if the production of such visual
depiction involves the use of a minor engaging in sexually explicit
conduct and such visual depiction is of such conduct; or
(B) participation in any act of sexually explicit conduct by or with
any minor for the purpose of producing a visual depiction of such
conduct;
shall be punished as provided under subsection (d).
(2) The circumstance referred to in paragraph (1) is that --
(A) such person knows or has reason to know that such notice or
advertisement will be transported in interstate or foreign commerce by
any means including by computer or mailed; or
(B) such notice or advertisement is transported in interstate or
foreign commerce by any means including by computer or mailed.
(d) Any individual who violates this section shall be fined not more
than $100,000, or imprisoned not more than 10 years, or both, but, if
such individual has a prior conviction under this section, such
individual shall be fined not more than $200,000, or imprisoned not less
than five years nor more than 15 years, or both. Any organization which
violates this section shall be fined not more than $250,000.
(Added Pub. L. 95-225, 2(a), Feb. 6, 1978, 92 Stat. 7; amended Pub.
L. 98-292, 3, May 21, 1984, 98 Stat. 204; Pub. L. 99-500, 101(b)
(title VII, 704(a)), Oct. 18, 1986, 100 Stat. 1783-39, 1783-75, and
Pub. L. 99-591, 101(b) (title VII, 704(a)), Oct. 30, 1986, 100 Stat.
3341-39, 3341-75; Pub. L. 99-628, 2, 3, Nov. 7, 1986, 100 Stat. 3510;
Pub. L. 100-690, title VII, 7511(a), Nov. 18, 1988, 102 Stat. 4485;
Pub. L. 101-647, title XXXV, 3563, Nov. 29, 1990, 104 Stat. 4928.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1990 -- Subsec. (a). Pub. L. 101-647 substituted ''person to engage
in,'' for ''person to engage in,,''.
1988 -- Subsec. (c)(2)(A), (B). Pub. L. 100-690 inserted ''by any
means including by computer'' after ''commerce''.
1986 -- Subsec. (a). Pub. L. 99-628, 2(1), (3), inserted '', or
who transports any minor in interstate or foreign commerce, or in any
Territory or Possession of the United States, with the intent that such
minor engage in,'' after ''assist any other person to engage in,'' and
substituted ''subsection (d)'' for ''subsection (c)''.
Subsec. (b). Pub. L. 99-628, 2(2), substituted ''subsection (d)''
for ''subsection (c)''.
Subsecs. (c), (d). Pub. L. 99-628, 2(3), (4), added subsec. (c)
and redesignated former subsec. (c) as (d).
Pub. L. 99-500 and Pub. L. 99-591 substituted ''five years'' for
''two years'' in subsec. (c).
1984 -- Subsecs. (a), (b). Pub. L. 98-292, 3(1), (2), substituted
''visual depiction'' for ''visual or print medium'' in three places and
substituted ''of'' for ''depicting'' before ''such conduct''.
Subsec. (c). Pub. L. 98-292, 3(3)-(6), substituted ''individual''
for ''person'' in three places, ''$100,000'' for ''$10,000'', and
''$200,000'' for ''$15,000'', and inserted ''Any organization which
violates this section shall be fined not more than $250,000.''
Section 301(a) of title III of Pub. L. 101-647 provided that:
''This title (amending sections 1460, 2243, 2252, and 2257 of this title
and enacting provisions set out as notes under section 2257 of this
title and section 994 of Title 28, Judiciary and Judicial Procedure) may
be cited as the 'Child Protection Restoration and Penalties Enhancement
Act of 1990'.''
Section 7501 of title VII of Pub. L. 100-690 provided that: ''This
subtitle (subtitle N ( 7501-7526) of title VII of Pub. L. 100-690,
enacting sections 1460, 1466 to 1469, 2251A, and 2257 of this title,
amending this section, sections 1465, 1961, 2252 to 2254, 2256, and 2516
of this title, section 1305 of Title 19, Customs Duties, and section 223
of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and enacting
provisions set out as a note under section 2257 of this title) may be
cited as the 'Child Protection and Obscenity Enforcement Act of 1988'.''
Section 1 of Pub. L. 99-628 provided that: ''This Act (enacting
sections 2421 to 2423 of this title, amending this section and sections
2255 and 2424 of this title, and repealing former sections 2421 to 2423
of this title) may be cited as the 'Child Sexual Abuse and Pornography
Act of 1986'.''
Section 101(b) (title VII, 701) of Pub. L. 99-500 and Pub. L.
99-591 provided that: ''This title (enacting section 2255 of this
title, amending this section and section 2252 of this title,
redesignating former section 2255 of this title as 2256, and enacting
provisions set out as notes under this section) may be cited as the
'Child Abuse Victims' Rights Act of 1986'.''
Section 1 of Pub. L. 98-292 provided: ''That this Act (enacting
sections 2253 and 2254 of this title, amending this section and sections
2252, 2255, and 2516 of this title, and enacting provisions set out as
notes under this section and section 522 of Title 28, Judiciary and
Judicial Procedure) may be cited as the 'Child Protection Act of
1984'.''
Section 1 of Pub. L. 95-225 provided: ''That this Act (enacting
this chapter and amending section 2423 of this title) may be cited as
the 'Protection of Children Against Sexual Exploitation Act of 1977'.''
Section 4 of Pub. L. 95-225 provided that: ''If any provision of
this Act (see Short Title note set out above) or the application thereof
to any person or circumstances is held invalid, the remainder of the Act
and the application of the provision to other persons not similarly
situated or to other circumstances shall not be affected thereby.''
Section 101(b) (title VII, 702) of Pub. L. 99-500 and Pub. L.
99-591 provided that: ''The Congress finds that --
''(1) child exploitation has become a multi-million dollar industry,
infiltrated and operated by elements of organized crime, and by a
nationwide network of individuals openly advertising their desire to
exploit children;
''(2) Congress has recognized the physiological, psychological, and
emotional harm caused by the production, distribution, and display of
child pornography by strengthening laws prescribing such activity;
''(3) the Federal Government lacks sufficient enforcement tools to
combat concerted efforts to exploit children prescribed by Federal law,
and exploitation victims lack effective remedies under Federal law; and
''(4) current rules of evidence, criminal procedure, and civil
procedure and other courtroom and investigative procedures inhibit the
participation of child victims as witnesses and damage their credibility
when they do testify, impairing the prosecution of child exploitation
offenses.''
Section 2 of Pub. L. 98-292 provided that: ''The Congress finds
that --
''(1) child pornography has developed into a highly organized,
multi-million-dollar industry which operates on a nationwide scale;
''(2) thousands of children including large numbers of runaway and
homeless youth are exploited in the production and distribution of
pornographic materials; and
''(3) the use of children as subjects of pornographic materials is
harmful to the physiological, emotional, and mental health of the
individual child and to society.''
Section 101(b) (title VII, 705) of Pub. L. 99-500 and Pub. L.
99-591 required Attorney General, within one year after Oct. 18, 1986,
to submit a report to Congress detailing possible changes in Federal
Rules of Evidence, Federal Rules of Criminal Procedure, Federal Rules of
Civil Procedure, and other Federal courtroom, prosecutorial, and
investigative procedures which would facilitate the participation of
child witnesses in cases involving child abuse and sexual exploitation.
Attorney General to report annually to Congress on prosecutions,
convictions, and forfeitures under this chapter, see section 9 of Pub.
L. 98-292, set out as a note under section 522 of Title 28, Judiciary
and Judicial Procedure.
18 USC 2251A. Selling or buying of children
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any parent, legal guardian, or other person having custody or
control of a minor who sells or otherwise transfers custody or control
of such minor, or offers to sell or otherwise transfer custody of such
minor either --
(1) with knowledge that, as a consequence of the sale or transfer,
the minor will be portrayed in a visual depiction engaging in, or
assisting another person to engage in, sexually explicit conduct; or
(2) with intent to promote either --
(A) the engaging in of sexually explicit conduct by such minor for
the purpose of producing any visual depiction of such conduct; or
(B) the rendering of assistance by the minor to any other person to
engage in sexually explicit conduct for the purpose of producing any
visual depiction of such conduct;
shall be punished by imprisonment for not less than 20 years or for
life and by a fine under this title, if any of the circumstances
described in subsection (c) of this section exist.
(b) Whoever purchases or otherwise obtains custody or control of a
minor, or offers to purchase or otherwise obtain custody or control of a
minor either --
(1) with knowledge that, as a consequence of the purchase or
obtaining of custody, the minor will be portrayed in a visual depiction
engaging in, or assisting another person to engage in, sexually explicit
conduct; or
(2) with intent to promote either --
(A) the engaging in of sexually explicit conduct by such minor for
the purpose of producing any visual depiction of such conduct; or
(B) the rendering of assistance by the minor to any other person to
engage in sexually explicit conduct for the purpose of producing any
visual depiction of such conduct;
shall be punished by imprisonment for not less than 20 years or for
life and by a fine under this title, if any of the circumstances
described in subsection (c) of this section exist.
(c) The circumstances referred to in subsections (a) and (b) are that
--
(1) in the course of the conduct described in such subsections the
minor or the actor traveled in or was transported in interstate or
foreign commerce;
(2) any offer described in such subsections was communicated or
transported in interstate or foreign commerce by any means including by
computer or mail; or
(3) the conduct described in such subsections took place in any
territory or possession of the United States.
(Added Pub. L. 100-690, title VII, 7512(a), Nov. 18, 1988, 102 Stat.
4486.)
18 USC 2252. Certain activities relating to material involving the
sexual exploitation of minors
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any person who --
(1) knowingly transports or ships in interstate or foreign commerce
by any means including by computer or mails, any visual depiction, if --
(A) the producing of such visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction that has
been mailed, or has been shipped or transported in interstate or foreign
commerce, or which contains materials which have been mailed or so
shipped or transported, by any means including by computer, or knowingly
reproduces any visual depiction for distribution in interstate or
foreign commerce or through the mails, if --
(A) the producing of such visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) either --
(A) in the special maritime and territorial jurisdiction of the
United States, or on any land or building owned by, leased to, or
otherwise used by or under the control of the Government of the United
States, or in the Indian country as defined in section 1151 of this
title, knowingly sells or possesses with intent to sell any visual
depiction; or
(B) knowingly sells or possesses with intent to sell any visual
depiction that has been mailed, or has been shipped or transported in
interstate or foreign commerce, or which was produced using materails
/1/ which have been mailed or so shipped or transported, by any means,
including by computer, if --
(i) the producing of such visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct; or
(4) either --
(A) in the special maritime and territorial jurisdiction of the
United States, or on any land or building owned by, leased to, or
otherwise used by or under the control of the Government of the United
States, or in the Indian country as defined in section 1151 of this
title, knowingly possesses 3 or more books, magazines, periodicals,
films, video tapes, or other matter which contain any visual depiction;
or
(B) knowingly possesses 3 or more books, magazines, periodicals,
films, video tapes, or other matter which contain any visual depiction
that has been mailed, or has been shipped or transported in interstate
or foreign commerce, or which was produced using materials which have
been mailed or so shipped or transported, by any means including by
computer, if --
(i) the producing of such visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
(b)(1) Whoever violates paragraph (1), (2), or (3) of subsection (a)
shall be fined under this title or imprisoned not more than ten years,
or both, but, if such person has a prior conviction under this section,
such person shall be fined under this title and imprisoned for not less
than five years nor more than fifteen years.
(2) Whoever violates paragraph (4) of subsection (a) shall be fined
under this title or imprisoned for not more than five years, or both.
(Added Pub. L. 95-225, 2(a), Feb. 6, 1978, 92 Stat. 7; amended Pub.
L. 98-292, 4, May 21, 1984, 98 Stat. 204; Pub. L. 99-500, 101(b)
(title VII, 704(b)), Oct. 18, 1986, 100 Stat. 1783-39, 1783-75, and
Pub. L. 99-591, 101(b) (title VII, 704(b)), Oct. 30, 1986, 100 Stat.
3341-39, 3341-75; Pub. L. 100-690, title VII, 7511(b), Nov. 18, 1988,
102 Stat. 4485; Pub. L. 101-647, title III, 323(a), (b), Nov. 29,
1990, 104 Stat. 4818, 4819.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1990 -- Subsec. (a). Pub. L. 101-647, 323(a), (b), struck out
''or'' at end of par. (1), substituted ''that has been mailed, or has
been shipped or transported in interstate or foreign commerce, or which
contains materials which have been mailed or so shipped or transported,
by any means including by computer,'' for ''that has been transported or
shipped in interstate or foreign commerce by any means including by
computer or mailed'' in par. (2), struck out at end ''shall be punished
as provided in subsection (b) of this section.'', and added pars. (3)
and (4) and concluding provisions.
Subsec. (b). Pub. L. 101-647, 323(a)(2), added subsec. (b) and
struck out former subsec. (b) which read as follows: ''Any individual
who violates this section shall be fined not more than $100,000, or
imprisoned not more than 10 years, or both, but, if such individual has
a prior conviction under this section, such individual shall be fined
not more than $200,000, or imprisoned not less than five years nor more
than 15 years, or both. Any organization which violates this section
shall be fined not more than $250,000.''
1988 -- Subsec. (a)(1), (2). Pub. L. 100-690 inserted ''by any
means including by computer'' after ''commerce'' in introductory
provisions.
1986 -- Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591 substituted
''five years'' for ''two years''.
1984 -- Subsec. (a)(1). Pub. L. 98-292, 4(1), (3), (4), substituted
''any visual depiction'' for ''for the purpose of sale or distribution
for sale, any obscene visual or print medium'' in provisions preceding
subpar. (A).
Subsec. (a)(1)(A). Pub. L. 98-292, 4(4), substituted ''visual
depiction'' for ''visual or print medium''.
Subsec. (a)(1)(B). Pub. L. 98-292, 4(4), (5), substituted ''visual
depiction is of'' for ''visual or print medium depicts''.
Subsec. (a)(2). Pub. L. 98-292, 4(2)-(4), (6), (7), substituted '',
or distributes, any visual depiction'' for ''for the purpose of sale or
distribution for sale, or knowingly sells or distributes for sale, any
obscene visual or print medium'' and inserted ''or knowingly reproduces
any visual depiction for distribution in interstate or foreign commerce
or through the mails'' in provisions preceding subpar. (A).
Subsec. (a)(2)(A). Pub. L. 98-292, 4(4), substituted ''visual
depiction'' for ''visual or print medium''.
Subsec. (a)(2)(B). Pub. L. 98-292, 4(4), (5), substituted ''visual
depiction is of'' for ''visual or print medium depicts''.
Subsec. (b). Pub. L. 98-292, 4(8)-(11), substituted ''individual''
for ''person'' in three places, ''$100,000'' for ''$10,000'', and
''$200,000'' for ''$15,000'', and inserted ''Any organization which
violates this section shall be fined not more than $250,000.''
/1/ So in original. Probably should be ''materials''.
18 USC 2253. Criminal forfeiture
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Property Subject to Criminal Forfeiture. -- A person who is
convicted of an offense under this chapter involving a visual depiction
described in section 2251, 2251A, or 2252 of this chapter shall forfeit
to the United States such person's interest in --
(1) any visual depiction described in section 2251, 2251A, or 2252 of
this chapter, or any book, magazine, periodical, film, videotape, or
other matter which contains any such visual depiction, which was
produced, transported, mailed, shipped or received in violation of this
chapter;
(2) any property, real or personal, constituting or traceable to
gross profits or other proceeds obtained from such offense; and
(3) any property, real or personal, used or intended to be used to
commit or to promote the commission of such offense.
(b) Third Party Transfers. -- All right, title, and interest in
property described in subsection (a) of this section vests in the United
States upon the commission of the act giving rise to forfeiture under
this section. Any such property that is subsequently transferred to a
person other than the defendant may be the subject of a special verdict
of forfeiture and thereafter shall be ordered forfeited to the United
States, unless the transferee establishes in a hearing pursuant to
subsection (m) of this section that he is a bona fide purchaser for
value of such property who at the time of purchase was reasonably
without cause to believe that the property was subject to forfeiture
under this section.
(c) Protective Orders. -- (1) Upon application of the United States,
the court may enter a restraining order or injunction, require the
execution of a satisfactory performance bond, or take any other action
to preserve the availability of property described in subsection (a) of
this section for forfeiture under this section --
(A) upon the filing of an indictment or information charging a
violation of this chapter for which criminal forfeiture may be ordered
under this section and alleging that the property with respect to which
the order is sought would, in the event of conviction, be subject to
forfeiture under this section; or
(B) prior to the filing of such an indictment or information, if,
after notice to persons appearing to have an interest in the property
and opportunity for a hearing, the court determines that --
(i) there is a substantial probability that the United States will
prevail on the issue of forfeiture and that failure to enter the order
will result in the property being destroyed, removed from the
jurisdiction of the court, or otherwise made unavailable for forfeiture;
and
(ii) the need to preserve the availability of the property through
the entry of the requested order outweighs the hardship on any party
against whom the order is to be entered;
except that an order entered pursuant to subparagraph (B) shall be
effective for not more than 90 days, unless extended by the court for
good cause shown or unless an indictment or information described in
subparagraph (A) has been filed.
(2) A temporary restraining order under this subsection may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has not yet
been filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the property
with respect to which the order is sought would, in the event of
conviction, be subject to forfeiture under this section and that
provision of notice will jeopardize the availability of the property for
forfeiture. Such a temporary order shall expire not more than 10 days
after the date on which it is entered, unless extended for good cause
shown or unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning an order
entered under this paragraph shall be held at the earliest possible time
and prior to the expiration of the temporary order.
(3) The court may receive and consider, at a hearing held pursuant to
this subsection, evidence and information that would be inadmissible
under the Federal Rules of Evidence.
(d) Warrant of Seizure. -- The Government may request the issuance of
a warrant authorizing the seizure of property subject to forfeiture
under this section in the same manner as provided for a search warrant.
If the court determines that there is probable cause to believe that the
property to be seized would, in the event of conviction, be subject to
forfeiture and that an order under subsection (c) of this section may
not be sufficient to assure the availability of the property for
forfeiture, the court shall issue a warrant authorizing the seizure of
such property.
(e) Order of Forfeiture. -- The court shall order forfeiture of
property referred to in subsection (a) if the trier of fact determines,
beyond a reasonable doubt, that such property is subject to forfeiture.
(f) Execution. -- Upon entry of an order of forfeiture under this
section, the court shall authorize the Attorney General to seize all
property ordered forfeited upon such terms and conditions as the court
shall deem proper. Following entry of an order declaring the property
forfeited, the court may, upon application of the United States, enter
such appropriate restraining orders or injunctions, require the
execution of satisfactory performance bonds, appoint receivers,
conservators, appraisers, accountants, or trustees, or take any other
action to protect the interest of the United States in the property
ordered forfeited. Any income accruing to or derived from property
ordered forfeited under this section may be used to offset ordinary and
necessary expenses to the property which are required by law, or which
are necessary to protect the interests of the United States or third
parties.
(g) Disposition of Property. -- Following the seizure of property
ordered forfeited under this section, the Attorney General shall destroy
or retain for official use any article described in paragraph (1) of
subsection (a), and shall retain for official use or direct the
disposition of any property described in paragraph (2) or (3) of
subsection (a) by sale or any other commercially feasible means, making
due provision for the rights of any innocent persons. Any property
right or interest not exercisable by, or transferable for value to, the
United States shall expire and shall not revert to the defendant, nor
shall the defendant or any person acting in concert with him or on his
behalf be eligible to purchase forfeited property at any sale held by
the United States. Upon application of a person, other than the
defendant or person acting in concert with him or on his behalf, the
court may restrain or stay the sale or disposition of the property
pending the conclusion of any appeal of the criminal case giving rise to
the forfeiture, if the applicant demonstrates that proceeding with the
sale or disposition of the property will result in irreparable injury,
harm, or loss to him.
(h) Authority of Attorney General. -- With respect to property
ordered forfeited under this section, the Attorney General is authorized
to --
(1) grant petitions for mitigation or remission of forfeiture,
restore forfeited property to victims of a violation of this chapter, or
take any other action to protect the rights of innocent persons which is
in the interest of justice and which is not inconsistent with the
provisions of this section;
(2) compromise claims arising under this section;
(3) award compensation to persons providing information resulting in
a forfeiture under this section;
(4) direct the disposition by the United States, under section 616 of
the Tariff Act of 1930, of all property ordered forfeited under this
section by public sale or any other commercially feasible means, making
due provision for the rights of innocent persons; and
(5) take appropriate measures necessary to safeguard and maintain
property ordered forfeited under this section pending its disposition.
(i) Applicability of Civil Forfeiture Provisions. -- Except to the
extent that they are inconsistent with the provisions of this section,
the provisions of section 2254(d) of this title (18 U.S.C. 2254(d))
shall apply to a criminal forfeiture under this section.
(j) Bar on Intervention. -- Except as provided in subsection (m) of
this section, no party claiming an interest in property subject to
forfeiture under this section may --
(1) intervene in a trial or appeal of a criminal case involving the
forfeiture of such property under this section; or
(2) commence an action at law or equity against the United States
concerning the validity of his alleged interest in the property
subsequent to the filing of an indictment or information alleging that
the property is subject to forfeiture under this section.
(k) Jurisdiction To Enter Orders. -- The district courts of the
United States shall have jurisdiction to enter orders as provided in
this section without regard to the location of any property which may be
subject to forfeiture under this section or which has been ordered
forfeited under this section.
(l) Depositions. -- In order to facilitate the identification and
location of property declared forfeited and to facilitate the
disposition of petitions for remission or mitigation of forfeiture,
after the entry of an order declaring property forfeited to the United
States, the court may, upon application of the United States, order that
the testimony of any witness relating to the property forfeited be taken
by deposition and that any designated book, paper, document, record,
recording, or other material not privileged be produced at the same time
and place, in the same manner as provided for the taking of depositions
under rule 15 of the Federal Rules of Criminal Procedure.
(m) Third Party Interests. -- (1) Following the entry of an order of
forfeiture under this section, the United States shall publish notice of
the order and of its intent to dispose of the property in such manner as
the Attorney General may direct. The Government may also, to the extent
practicable, provide direct written notice to any person known to have
alleged an interest in the property that is the subject of the order of
forfeiture as a substitute for published notice as to those persons so
notified.
(2) Any person, other than the defendant, asserting a legal interest
in property which has been ordered forfeited to the United States
pursuant to this section may, within 30 days of the final publication of
notice or his receipt of notice under paragraph (1), whichever is
earlier, petition the court for a hearing to adjudicate the validity of
his alleged interest in the property. The hearing shall be held before
the court alone, without a jury.
(3) The petition shall be signed by the petitioner under penalty of
perjury and shall set forth the nature and extent of the petitioner's
right, title, or interest in the property, the time and circumstances of
the petitioner's acquisition of the right, title, or interest in the
property, any additional facts supporting the petitioner's claim, and
the relief sought.
(4) The hearing on the petition shall, to the extent practicable and
consistent with the interests of justice, be held within 30 days of the
filing of the petition. The court may consolidate the hearing on the
petition with a hearing on any other petition filed by a person other
than the defendant under this subsection.
(5) At the hearing, the petitioner may testify and present evidence
and witnesses on his own behalf, and cross-examine witnesses who appear
at the hearing. The United States may present evidence and witnesses in
rebuttal and in defense of its claim to the property and cross-examine
witnesses who appear at the hearing. In addition to testimony and
evidence presented at the hearing, the court shall consider the relevant
portions of the record of the criminal case which resulted in the order
of forfeiture.
(6) If, after the hearing, the court determines that the petitioner
has established by a preponderance of the evidence that --
(A) the petitioner has a legal right, title, or interest in the
property, and such right, title, or interest renders the order of
forfeiture invalid in whole or in part because the right, title, or
interest was vested in the petitioner rather than the defendant or was
superior to any right, title, or interest of the defendant at the time
of the commission of the acts which gave rise to the forfeiture of the
property under this section; or
(B) the petitioner is a bona fide purchaser for value of the right,
title, or interest in the property and was at the time of purchase
reasonably without cause to believe that the property was subject to
forfeiture under this section;
the court shall amend the order of forfeiture in accordance with its
determination.
(7) Following the court's disposition of all petitions filed under
this subsection, or if no such petitions are filed following the
expiration of the period provided in paragraph (2) for the filing of
such petitions, the United States shall have clear title to property
that is the subject of the order of forfeiture and may warrant good
title to any subsequent purchaser or transferee.
(n) Construction. -- This section shall be liberally construed to
effectuate its remedial purposes.
(o) Substitute Assets. -- If any of the property described in
subsection (a), as a result of any act or omission of the defendant --
(1) cannot be located upon the exercise of due diligence;
(2) has been transferred or sold to, or deposited with, a third
party;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value; or
(5) has been commingled with other property which cannot be divided
without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs (1)
through (5).
(Added Pub. L. 98-292, 6, May 21, 1984, 98 Stat. 205; amended Pub.
L. 100-690, title VII, 7522(c), Nov. 18, 1988, 102 Stat. 4494; Pub. L.
101-647, title XXXV, 3564, Nov. 29, 1990, 104 Stat. 4928.)
The Federal Rules of Evidence, referred to in subsec. (c)(3), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Section 616 of the Tariff Act of 1930, referred to in subsec.
(h)(4), is classified to section 1616a of Title 19, Customs Duties.
The Federal Rules of Criminal Procedure, referred to in subsec. (l),
are set out in the Appendix to this title.
A prior section 2253 was redesignated section 2256 of this title.
1990 -- Subsec. (a). Pub. L. 101-647, 3564(1), substituted
''section 2251'' for ''sections 2251'' in introductory provisions and in
par. (1).
Subsec. (h)(4). Pub. L. 101-647, 3564(2), substituted ''under
section 616 of the Tariff Act of 1930'' for ''in accordance with the
provisions of section 1616, title 19, United States Code''.
1988 -- Pub. L. 100-690 amended section generally, substituting
subsecs. (a) to (o) for former subsecs. (a) to (d).
18 USC 2254. Civil forfeiture
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Property Subject to Civil Forfeiture. -- The following property
shall be subject to forfeiture by the United States:
(1) Any visual depiction described in section 2251, 2251A, or 2252 of
this chapter, or any book, magazine, periodical, film, videotape or
other matter which contains any such visual depiction, which was
produced, transported, mailed, shipped, or received in violation of this
chapter.
(2) Any property, real or personal, used or intended to be used to
commit or to promote the commission of an offense under this chapter
involving a visual depiction described in section 2251, 2251A, or 2252
of this chapter, except that no property shall be forfeited under this
paragraph, to the extent of the interest of an owner, by reason of any
act or omission established by that owner to have been committed or
omitted without the knowledge or consent of that owner.
(3) Any property, real or personal, constituting or traceable to
gross profits or other proceeds obtained from a violation of this
chapter involving a visual depiction described in section 2251, 2251A,
or 2252 of this chapter, except that no property shall be forfeited
under this paragraph, to the extent of the interest of an owner, by
reason of any act or omission established by that owner to have been
committed or omitted without the knowledge or consent of that owner.
(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty and
Maritime Claims. -- Any property subject to forfeiture to the United
States under this section may be seized by the Attorney General, the
Secretary of the Treasury, or the United States Postal Service upon
process issued pursuant to the Supplemental Rules for Certain Admiralty
and Maritime Claims by any district court of the United States having
jurisdiction over the property, except that seizure without such process
may be made when the seizure is pursuant to a search under a search
warrant or incident to an arrest. The Government may request the
issuance of a warrant authorizing the seizure of property subject to
forfeiture under this section in the same manner as provided for a
search warrant under the Federal Rules of Criminal Procedure.
(c) Custody of Federal Official. -- Property taken or detained under
this section shall not be repleviable, but shall be deemed to be in the
custody of the Attorney General, Secretary of the Treasury, or the
United States Postal Service subject only to the orders and decrees of
the court or the official having jurisdiction thereof. Whenever
property is seized under any of the provisions of this subchapter, the
Attorney General, Secretary of the Treasury, or the United States Postal
Service may --
(1) place the property under seal;
(2) remove the property to a place designated by the official or
agency; or
(3) require that the General Services Administration take custody of
the property and remove it, if practicable, to an appropriate location
for disposition in accordance with law.
(d) Other Laws and Proceedings Applicable. -- All provisions of the
customs laws relating to the seizure, summary and judicial forfeiture,
and condemnation of property for violation of the customs laws, the
disposition of such property or the proceeds from the sale thereof, the
remission or mitigation of such forfeitures, and the compromise of
claims, shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under this section, insofar as applicable and not
inconsistent with the provisions of this section, except that such
duties as are imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the customs laws
shall be performed with respect to seizures and forfeitures of property
under this section by such officers, agents, or other persons as may be
authorized or designated for that purpose by the Attorney General, the
Secretary of the Treasury, or the Postal Service, except to the extent
that such duties arise from seizures and forfeitures affected by any
customs officer.
(e) Inapplicability of Certain Sections. -- Sections 1606, 1613,
1614, 1617, and 1618 of title 19, United States Code, shall not apply
with respect to any visual depiction or any matter containing a visual
depiction subject to forfeiture under subsection (a)(1) of this section.
(f) Disposition of Forfeited Property. -- Whenever property is
forfeited under this section the Attorney General shall destroy or
retain for official use any property described in paragraph (1) of
subsection (a) and, with respect to property described in paragraph (2)
or (3) of subsection (a), may --
(1) retain the property for official use or transfer the custody or
ownership of any forfeited property to a Federal, State, or local agency
under section 616 of the Tariff Act of 1930;
(2) sell, by public sale or any other commercially feasible means,
any forfeited property which is not required to be destroyed by law and
which is not harmful to the public; or
(3) require that the General Services Administration take custody of
the property and dispose of it in accordance with law.
The Attorney General, Secretary of the Treasury, or the United States
Postal Service shall ensure the equitable transfer pursuant to paragraph
(1) of any forfeited property to the appropriate State or local law
enforcement agency so as to reflect generally the contribution of any
such agency participating directly in any of the acts which led to the
seizure or forfeiture of such property. A decision by an official or
agency pursuant to paragraph (1) shall not be subject to judicial
review. With respect to a forfeiture conducted by the Attorney General,
the Attorney General shall forward to the Treasurer of the United States
for deposit in accordance with section 524(c) of title 28 the proceeds
from any sale under paragraph (2) and any moneys forfeited under this
section. With respect to a forfeiture conducted by the Postal Service,
the proceeds from any sale under paragraph (2) and any moneys forfeited
under this section shall be deposited in the Postal Service Fund as
required by section 2003(b)(7) of title 39.
(g) Title to Property. -- All right, title, and interest in property
described in subsection (a) of this section shall vest in the United
States upon commission of the act giving rise to forfeiture under this
section.
(h) Stay of Proceedings. -- The filing of an indictment or
information alleging a violation of this chapter which is also related
to a civil forfeiture proceeding under this section shall, upon motion
of the United States and for good cause shown, stay the civil forfeiture
proceeding.
(i) Venue. -- In addition to the venue provided for in section 1395
of title 28 or any other provision of law, in the case of property of a
defendant charged with a violation that is the basis for forfeiture of
the property under this section, a proceeding for forfeiture under this
section may be brought in the judicial district in which the defendant
owning such property is found or in the judicial district in which the
criminal prosecution is brought.
(Added Pub. L. 98-292, 6, May 21, 1984, 98 Stat. 205; amended Pub.
L. 99-500, 101(m) (title II, 201(a), (c)), Oct. 18, 1986, 100 Stat.
1783-308, 1783-314, and Pub. L. 99-591, 101(m) (title II, 201(a),
(c)), Oct. 30, 1986, 100 Stat. 3341-308, 3341-314; Pub. L. 100-690,
title VII, 7522(c), Nov. 18, 1988, 102 Stat. 4498; Pub. L. 101-647,
title XX, 2003, title XXXV, 3565, Nov. 29, 1990, 104 Stat. 4855,
4928.)
The Supplemental Rules for Certain Admiralty and Maritime Claims,
referred to in subsec. (b), are set out as part of the Federal Rules of
Civil Procedure in the Appendix to Title 28, Judiciary and Judicial
Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec. (b),
are set out in the Appendix to this title.
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
Section 616 of the Tariff Act of 1930, referred to in subsec.
(f)(1), is classified to section 1616a of Title 19.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1990 -- Subsec. (a)(1) to (3). Pub. L. 101-647, 3565(1),
substituted ''section 2251'' for ''sections 2251''.
Subsec. (e). Pub. L. 101-647, 3565(2), inserted heading.
Subsec. (f). Pub. L. 101-647, 3565(3)(A), substituted ''section''
for ''subchapter'' after ''forfeited under this'' in two places in
concluding provisions.
Subsec. (f)(1). Pub. L. 101-647, 3565(3)(B), substituted ''under
section 616 of the Tariff Act of 1930'' for ''pursuant to section 1616
of title 19''.
Subsec. (f)(2). Pub. L. 101-647, 2003, inserted '', by public sale
or any other commercially feasible means,'' after ''sell''.
1988 -- Pub. L. 100-690 amended section generally, substituting
subsecs. (a) to (i) for former subsecs. (a) to (d).
1986 -- Pub. L. 99-500 and Pub. L. 99-591 amended section
identically, inserting '', and any property, real or personal, tangible
or intangible, which was used or intended to be used, in any manner or
part, to facilitate a violation of this chapter'' in subsec. (a)(1),
substituting ''Attorney General or the Postal Service'' for ''Attorney
General'' in subsec. (b), and adding subsecs. (c) and (d).
18 USC 2255. Civil remedy for personal injuries
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any minor who is a victim of a violation of section 2251 or 2252
of this title and who suffers personal injury as a result of such
violation may sue in any appropriate United States District Court and
shall recover the actual damages such minor sustains and the cost of the
suit, including a reasonable attorney's fee. Any minor as described in
the preceding sentence shall be deemed to have sustained damages of no
less than $50,000 in value.
(b) Any action commenced under this section shall be barred unless
the complaint is filed within six years after the right of action first
accrues or in the case of a person under a legal disability, not later
than three years after the disability.
(Added Pub. L. 99-500, 101(b) (title VII, 703(a)), Oct. 18, 1986,
100 Stat. 1783-39, 1783-74, and Pub. L. 99-591, 101(b) (title VII,
703(a)), Oct. 30, 1986, 100 Stat. 3341-39, 3341-74.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Another section 2255 was renumbered section 2256 of this title.
18 USC 2256. Definitions for chapter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
For the purposes of this chapter, the term --
(1) ''minor'' means any person under the age of eighteen years;
(2) ''sexually explicit conduct'' means actual or simulated --
(A) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any
person;
(3) ''producing'' means producing, directing, manufacturing, issuing,
publishing, or advertising;
(4) ''organization'' means a person other than an individual;
(5) ''visual depiction'' includes undeveloped film and videotape;
(6) ''computer'' has the meaning given that term in section 1030 of
this title; and
(7) ''custody or control'' includes temporary supervision over or
responsibility for a minor whether legally or illegally obtained.
(Added Pub. L. 95-225, 2(a), Feb. 6, 1978, 92 Stat. 8, 2253;
renumbered 2255 and amended Pub. L. 98-292, 5, May 21, 1984, 98 Stat.
205; renumbered 2256, Pub. L. 99-500, 101(b) (title VII, 703(a)),
Oct. 18, 1986, 100 Stat. 1783-39, 1783-74, and Pub. L. 99-591, 101(b)
(title VII, 703(a)), Oct. 30, 1986, 100 Stat. 3341-39, 3341-74; Pub.
L. 99-628, 4, Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100-690, title
VII, 7511(c), 7512(b), Nov. 18, 1988, 102 Stat. 4485, 4486.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
1988 -- Par. (6). Pub. L. 100-690, 7511(c), added par. (6).
Par. (7). Pub. L. 100-690, 7512(b), added par. (7).
1986 -- Pub. L. 99-500 and Pub. L. 99-591 renumbered section 2255
of this title as this section.
Par. (5). Pub. L. 99-628, which directed that par. (5) be added to
section 2255 of this title, was executed by adding par. (5) to section
2256 of this title to reflect the probable intent of Congress and the
renumbering of section 2255 as 2256 by Pub. L. 99-500 and Pub. L.
99-591.
1984 -- Pub. L. 98-292, 5(b), renumbered section 2253 of this title
as this section.
Par. (1). Pub. L. 98-292, 5(a)(1), substituted ''eighteen'' for
''sixteen''.
Par. (2)(D). Pub. L. 98-292, 5(a)(2), (3), substituted ''sadistic or
masochistic'' for ''sado-masochistic'' and struck out ''(for the purpose
of sexual stimulation)'' after ''abuse''.
Par. (2)(E). Pub. L. 98-292, 5(a)(4), substituted ''lascivious'' for
''lewd''.
Par. (3). Pub. L. 98-292, 5(a)(5), struck out '', for pecuniary
profit'' after ''advertising''.
Par. (4). Pub. L. 98-292, 5(a)(6), substituted '''organization'
means a person other than an individual'' for '''visual or print medium'
means any film, photograph, negative, slide, book, magazine, or other
visual or print medium''.
18 USC 2257. Record keeping requirements
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever produces any book, magazine, periodical, film, videotape,
or other matter which --
(1) contains one or more visual depictions made after November 1,
1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have been
mailed or shipped in interstate or foreign commerce, or is shipped or
transported or is intended for shipment or transportation in interstate
or foreign commerce;
shall create and maintain individually identifiable records
pertaining to every performer portrayed in such a visual depiction.
(b) Any person to whom subsection (a) applies shall, with respect to
every performer portrayed in a visual depiction of actual sexually
explicit conduct --
(1) ascertain, by examination of an identification document
containing such information, the performer's name and date of birth, and
require the performer to provide such other indicia of his or her
identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer's present and
correct name, ever used by the performer including maiden name, alias,
nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the information
required by paragraphs (1) and (2) of this subsection and such other
identifying information as may be prescribed by regulation.
(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at his business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for inspection
at all reasonable times.
(d)(1) No information or evidence obtained from records required to
be created or maintained by this section shall, except as provided in
this section, directly or indirectly, be used as evidence against any
person with respect to any violation of law.
(2) Paragraph (1) of this subsection shall not preclude the use of
such information or evidence in a prosecution or other action for a
violation of this section or for a violation of any applicable provision
of law with respect to the furnishing of false information.
(e)(1) Any person to whom subsection (a) applies shall cause to be
affixed to every copy of any matter described in paragraph (1) of
subsection (a) of this section, in such manner and in such form as the
Attorney General shall by regulations prescribe, a statement describing
where the records required by this section with respect to all
performers depicted in that copy of the matter may be located.
(2) If the person to whom subsection (a) of this section applies is
an organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by such
organization responsible for maintaining the records required by this
section.
(f) /1/ It shall be unlawful --
(1) for any person to whom subsection (a) applies to fail to create
or maintain the records as required by subsections (a) and (c) or by any
regulation promulgated under this section;
(2) for any person to whom subsection (a) applies knowingly to make
any false entry in or knowingly to fail to make an appropriate entry in,
any record required by subsection (b) of this section or any regulation
promulgated under this section;
(3) for any person to whom subsection (a) applies knowingly to fail
to comply with the provisions of subsection (e) or any regulation
promulgated pursuant to that subsection; and
(4) for any person knowingly to sell or otherwise transfer, or offer
for sale or transfer, any book, magazine, periodical, film, video, or
other matter, produce in whole or in part with materials which have been
mailed or shipped in interstate or foreign commerce or which is intended
for shipment in interstate or foreign commerce, which --
(A) contains one or more visual depictions made after the effective
date of this subsection of actual sexually explicit conduct; and
(B) is produced in whole or in part with materials which have been
mailed or shipped in interstate or foreign commerce, or is shipped or
transported or is intended for shipment or transportation in interstate
or foreign commerce;
which does not have affixed thereto, in a manner prescribed as set
forth in subsection (e)(1), a statement describing where the records
required by this section may be located, but such person shall have no
duty to determine the accuracy of the contents of the statement or the
records required to be kept.
(g) /2/ The Attorney General shall issue appropriate regulations to
carry out this section.
(h) /3/ As used in this section --
(1) the term ''actual sexually explicit conduct'' means actual but
not simulated conduct as defined in subparagraphs (A) through (D) of
paragraph (2) of section 2256 of this title;
(2) ''identification document'' has the meaning given that term in
section 1028(d) of this title;
(3) the term ''produces'' means to produce, manufacture, or publish
any book, magazine, periodical, film, video tape or other similar matter
and includes the duplication, reproduction, or reissuing of any such
matter, but does not include mere distribution or any other activity
which does not involve hiring, contracting for managing, or otherwise
arranging for the participation of the performers depicted; and
(4) the term ''performer'' includes any person portrayed in a visual
depiction engaging in, or assisting another person to engage in, actual
sexually explicit conduct.
(i) Whoever violates this section shall be imprisoned for not more
than 2 years, and fined in accordance with the provisions of this title,
or both. Whoever violates this section after having been convicted of a
violation punishable under this section shall be imprisoned for any
period of years not more than 5 years but not less than 2 years, and
fined in accordance with the provisions of this title, or both.
(f) /4/ The Attorney General shall issue appropriate regulations to
carry out this section.
(g) /5/ As used in this section --
(1) the term ''actual sexually explicit conduct'' means actual but
not simulated conduct as defined in subparagraphs (A) through (E) of
paragraph (2) of section 2256 of this title;
(2) ''identification document'' has the meaning given that term in
subsection 1028(d) of this title;
(3) the term ''produces'' means to produce, manufacture, or publish
and includes the duplication, reproduction, or reissuing of any
material; and
(4) the term ''performer'' includes any person portrayed in a visual
depiction engaging in, or assisting another person to engage in, actual
sexually explicit conduct.
(Added Pub. L. 100-690, title VII, 7513(a), Nov. 18, 1988, 102 Stat.
4487; amended Pub. L. 101-647, title III, 301(b), 311, Nov. 29,
1990, 104 Stat. 4816.)
For effective date of this subsection, referred to in subsec.
(f)(4)(A), see section 312 of Pub. L. 101-647, set out as an Effective
Date of 1990 Amendment note below.
1990 -- Subsec. (a)(1). Pub. L. 101-647, 301(b), substituted
''November 1, 1990'' for ''February 6, 1978''.
Subsec. (d). Pub. L. 101-647, 311, substituted pars. (1) and (2)
for former pars. (1) and (2) which were substantially the same and
struck out par. (3) which read as follows: ''In a prosecution of any
person to whom subsection (a) applies for an offense in violation of
subsection 2251(a) of this title which has as an element the production
of a visual depiction of a minor engaging in or assisting another person
to engage in sexually explicit conduct and in which that element is
sought to be established by showing that a performer within the meaning
of this section is a minor --
''(A) proof that the person failed to comply with the provisions of
subsection (a) or (b) of this section concerning the creation and
maintenance of records, or a regulation issued pursuant thereto, shall
raise a rebuttable presumption that such performer was a minor; and
''(B) proof that the person failed to comply with the provisions of
subsection (e) of this section concerning the statement required by that
subsection shall raise the rebuttable presumption that every performer
in the matter was a minor.''
Subsec. (e). Pub. L. 101-647, 311, substituted pars. (1) and (2)
for former pars. (1) and (2) which were substantially the same and
struck out par. (3) which read as follows: ''In any prosecution of a
person for an offense in violation of section 2252 of this title which
has as an element the transporting, mailing, or distribution of a visual
depiction involving the use of a minor engaging in sexually explicit
conduct, and in which that element is sought to be established by a
showing that a performer within the meaning of this section is a minor,
proof that the matter in which the visual depiction is contained did not
contain the statement required by this section shall raise a rebuttable
presumption that such performer was a minor.''
Subsec. (f). Pub. L. 101-647, 311, added subsec. (f) relating to
unlawful acts and omissions.
Subsec. (g). Pub. L. 101-647, 311, added subsec. (g) relating to
issuance of regulations.
Subsecs. (h), (i). Pub. L. 101-647, 311, added subsecs. (h) and
(i).
Section 312 of title III of Pub. L. 101-647 provided that:
''Subsections (d), (f), (g), (h), and (i) of section 2257 of title 18,
United States Code, as added by this title shall take effect 90 days
after the date of the enactment of this Act (Nov. 29, 1990) except --
''(1) the Attorney General shall prepare the initial set of
regulations required or authorized by subsections (d), (f), (g), (h),
and (i) of section 2257 within 60 days of the date of the enactment of
this Act; and
''(2) subsection (e) of section 2257 and of any regulation issued
pursuant thereto shall take effect 90 days after the date of the
enactment of this Act.''
Section 7513(c) of Pub. L. 100-690 provided that: ''Section 2257 of
title 18, United States Code, as added by this section shall take effect
180 days after the date of the enactment of this Act (Nov. 18, 1988)
except --
''(1) the Attorney General shall prepare the initial set of
regulations required or authorized by section 2257 within 90 days of the
date of the enactment of this Act; and
''(2) subsection (e) of section 2257 of such title and of any
regulation issued pursuant thereto shall take effect 270 days after the
date of the enactment of this Act.''
/1/ Another subsec. (f) is set out below.
/2/ Another subsec. (g) is set out below and similar provisions are
contained in subsec. (f) set out below.
/3/ Similar provisions are contained in subsec. (g) set out below.
/4/ Another subsec. (f) is set out above and similar provisions are
contained in subsec. (g) set out above.
/5/ Another subsec. (g) is set out above and similar provisions are
contained in subsec. (h) set out above.
18 USC 2258. Failure to report child abuse
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A person who, while engaged in a professional capacity or activity
described in subsection (b) of section 226 of the Victims of Child Abuse
Act of 1990 on Federal land or in a federally operated (or contracted)
facility, learns of facts that give reason to suspect that a child has
suffered an incident of child abuse, as defined in subsection (c) of
that section, and fails to make a timely report as required by
subsection (a) of that section, shall be guilty of a Class B
misdemeanor.
(Added Pub. L. 101-647, title II, 226(g)(1), Nov. 29, 1990, 104
Stat. 4808.)
Section 226 of the Victims of Child Abuse Act of 1990, referred to in
text, is classified to section 13031 of Title 42, The Public Health and
Welfare.
18 USC CHAPTER 111 -- SHIPPING
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2271. Conspiracy to destroy vessels.
2272. Destruction of vessel by owner.
2273. Destruction of vessel by nonowner.
2274. Destruction or misuse of vessel by person in charge.
2275. Firing or tampering with vessel. /1/
2276. Breaking and entering vessel.
2277. Explosives or dangerous weapons aboard vessels.
2278. Explosives on vessels carrying steerage passengers.
2279. Boarding vessels before arrival.
1990 -- Pub. L. 101-647, title XXXV, 3566, Nov. 29, 1990, 104
Stat. 4928, substituted ''vessels'' for ''vessel'' in item 2271.
Special maritime and territorial jurisdiction of the United States
defined, see section 7 of this title.
Wrecking ships; false beacons; plundering wrecks; obstructing
escape from shipwreck, see section 1658 of this title.
/1/ So in original. Does not conform to section catchline.
18 USC 2271. Conspiracy to destroy vessels
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, on the high seas, or within the United States, willfully and
corruptly conspires, combines, and confederates with any other person,
such other person being either within or without the United States, to
cast away or otherwise destroy any vessel, with intent to injure any
person that may have underwritten or may thereafter underwrite any
policy of insurance thereon or on goods on board thereof, or with intent
to injure any person that has lent or advanced, or may lend or advance,
any money on such vessel on bottomry or respondentia; or
Whoever, within the United States, builds, or fits out any vessel to
be cast away or destroyed, with like intent --
Shall be fined not more than $10,000 or imprisoned not more than ten
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 803.)
Based on title 18, U.S.C., 1940 ed., 487 (Mar. 4, 1909, ch. 321,
296, 35 Stat. 1146).
Mandatory punishment provision was rephrased in the alternative.
Reference to a person who ''aids in building or fitting out any
vessel'' was omitted as unnecessary in view of section 2 making all
aiders guilty as principal.
Changes in phraseology were made.
18 USC 2272. Destruction of vessel by owner
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, upon the high seas or on any other waters within the
admiralty and maritime jurisdiction of the United States, willfully and
corruptly casts away or otherwise destroys any vessel of which he is
owner, in whole or in part, with intent to injure any person that may
underwrite any policy of insurance thereon, or any merchant that may
have goods thereon, or any other owner of such vessel, shall be
imprisoned for life or for any term of years.
(June 25, 1948, ch. 645, 62 Stat. 803.)
Based on title 18, U.S.C., 1940 ed., 491 (Mar. 4, 1909, ch. 321,
300, 35 Stat. 1147).
18 USC 2273. Destruction of vessel by nonowner
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, not being an owner, upon the high seas or on any other
waters within the admiralty and maritime jurisdiction of the United
States, willfully and corruptly casts away or otherwise destroys any
vessel of the United States to which he belongs, or willfully attempts
the destruction thereof, shall be imprisoned not more than ten years.
(June 25, 1948, ch. 645, 62 Stat. 804.)
Based on title 18, U.S.C., 1940 ed., 492 (Mar. 4, 1909, ch. 321,
301, 35 Stat. 1147).
Words ''with intent to destroy the same, sets fire to any such
vessel, or otherwise'' following ''willfully'' and preceding
''attempts'' were omitted as surplusage.
18 USC 2274. Destruction or misuse of vessel by person in charge
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being the owner, master or person in charge or command of
any private vessel, foreign or domestic, or a member of the crew or
other person, within the territorial waters of the United States,
willfully causes or permits the destruction or injury of such vessel or
knowingly permits said vessel to be used as a place of resort for any
person conspiring with another or preparing to commit any offense
against the United States, or any offense in violation of the treaties
of the United States or of the obligations of the United States under
the law of nations, or to defraud the United States; or knowingly
permits such vessels to be used in violation of the rights and
obligations of the United States under the law of nations, shall be
fined not more than $10,000 or imprisoned not more than ten years, or
both.
In case such vessels are so used, with the knowledge of the owner or
master or other person in charge or command thereof, the vessel,
together with her tackle, apparel, furniture, and equipment, shall be
subject to seizure and forfeiture to the United States in the same
manner as merchandise is forfeited for violation of the customs revenue
laws.
(June 25, 1948, ch. 645, 62 Stat. 804.)
Based on section 193 of title 50, U.S.C., 1940 ed., War and National
Defense (June 15, 1917, ch. 30, title II, 3, 40 Stat. 220; Mar. 28,
1940, ch. 72, 3(b), 54 Stat. 79).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
The customs revenue laws, referred to in text, are classified
generally to Title 19, Customs Duties.
Applicability of section to Canal Zone, see section 14 of this title.
Drunkenness of master or seamen, see section 2196 of this title.
Firing or tampering with vessels, see section 2275 of this title.
Jurisdiction of offenses, see section 3241 of this title.
18 USC 2275. Firing or tampering with vessels
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever sets fire to any vessel of foreign registry, or any vessel of
American registry entitled to engage in commerce with foreign nations,
or to any vessel of the United States, or to the cargo of the same, or
tampers with the motive power of instrumentalities of navigation of such
vessel, or places bombs or explosives in or upon such vessel, or does
any other act to or upon such vessel while within the jurisdiction of
the United States, or, if such vessel is of American registry, while she
is on the high sea, with intent to injure or endanger the safety of the
vessel or of her cargo, or of persons on board, whether the injury or
danger is so intended to take place within the jurisdiction of the
United States, or after the vessel shall have departed therefrom and
whoever attempts to do so shall be fined not more than $10,000 or
imprisoned not more than twenty years, or both.
(June 25, 1948, ch. 645, 62 Stat. 804.)
Based on title 18, U.S.C., 1940 ed., 502 (June 15, 1917, ch. 30,
title III, 1, 40 Stat. 221).
Words ''as defined in section 501 of this title,'' were omitted in
view of section 9 of this title, defining vessel of the United States.
Last sentence of said section 502, defining ''United States'', was
incorporated in section 5 of this title.
Provision prohibiting conspiracy was deleted as adequately covered by
the general conspiracy statute, section 371 of this title.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Destruction of property moving in commerce, see sections 1281 and
1282 of Title 15, Commerce and Trade.
Jurisdiction of offenses, see section 3241 of this title.
18 USC 2276. Breaking and entering vessel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, upon the high seas or on any other waters within the
admiralty and maritime jurisdiction of the United States, and out of the
jurisdiction of any particular State, breaks or enters any vessel with
intent to commit any felony, or maliciously cuts, spoils, or destroys
any cordage, cable, buoys, buoy rope, head fast, or other fast, fixed to
the anchor or moorings belonging to any vessel, shall be fined not more
than $1,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 804.)
Based on title 18, U.S.C., 1940 ed., 490 (Mar. 4, 1909, ch. 321,
299, 35 Stat. 1147).
Mandatory punishment provision was rephrased in the alternative.
Destruction of property moving in commerce, see sections 1281 and
1282 of Title 15, Commerce and Trade.
18 USC 2277. Explosives or dangerous weapons aboard vessels
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever brings, carries, or possesses any dangerous weapon,
instrument, or device, or any dynamite, nitroglycerin, or other
explosive article or compound on board of any vessel registered,
enrolled, or licensed under the laws of the United States, or any vessel
purchased, requisitioned, chartered, or taken over by the United States
pursuant to the provisions of Act June 6, 1941, ch. 174, 55 Stat. 242,
as amended, without previously obtaining the permission of the owner or
the master of such vessel; or
Whoever brings, carries, or possesses any such weapon or explosive on
board of any vessel in the possession and under the control of the
United States or which has been seized and forfeited by the United
States or upon which a guard has been placed by the United States
pursuant to the provisions of section 191 of Title 50, without
previously obtaining the permission of the captain of the port in which
such vessel is located, shall be fined not more than $1,000 or
imprisoned not more than one year, or both.
(b) This section shall not apply to the personnel of the Armed Forces
of the United States or to officers or employees of the United States or
of a State or of a political subdivision thereof, while acting in the
performance of their duties, who are authorized by law or by rules or
regulations to own or possess any such weapon or explosive.
(June 25, 1948, ch. 645, 62 Stat. 804.)
Based on title 18, U.S.C., 1940 ed., 503, 504 (Dec. 31, 1941, ch.
642, 1, 2, 55 Stat. 876).
Section consolidates sections 503 and 504 of title 18, U.S.C., 1940
ed.
Words ''This section'' were substituted in subsection (b) for the
words ''The provisions of sections 503, 504 of this title''.
Minor changes were made in phraseology.
Act June 6, 1941, ch. 174, 55 Stat. 242, as amended, referred to in
subsec. (a), expired July 1, 1953. For provisions covering the subject
matter of that Act, see sections 196 to 198 of Title 50, War and
National Defense.
Applicability of section to Canal Zone, see section 14 of this title.
Transportation of explosives by vessels, see section 3306 of Title
46, Shipping.
18 USC 2278. Explosives on vessels carrying steerage passengers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, being the master of a steamship or other vessel referred to
in section 151 of Title 46, except as otherwise expressly provided by
law, takes, carries, or has on board of any such vessel any
nitroglycerin, dynamite, or any other explosive article or compound, or
any vitriol or like acids, or gunpowder, except for the ship's use, or
any article or number of articles, whether as a cargo or ballast, which,
by reason of the nature or quantity or mode of storage thereof, shall,
either singly or collectively, be likely to endanger the health or lives
of the passengers or the safety of the vessel, shall be fined not more
than $1,000 or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 805.)
Based on section 171 of title 46, U.S.C., 1940 ed., Shipping (Aug.
2, 1882, ch. 374, 8, 22 Stat. 189).
Words ''except as otherwise expressly provided by law'' were inserted
to remove obvious inconsistency between sections 831-835 of this title,
section 170 of title 46, U.S.C., 1940 ed., Shipping, and this section.
Words ''shall be deemed guilty of a misdemeanor and'' were omitted
because designation of the offense as a misdemeanor is unnecessary in
view of definitive section 1 of this title.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
Section 151 of Title 46, referred to in text, which was based on
section 1 of act Aug. 2, 1882, ch. 374, 22 Stat. 186, as amended, was
repealed by Pub. L. 98-89, Aug. 26, 1983, 4(b), 97 Stat. 599.
Regulations for carriage of explosives, see section 3306 of Title 46,
Shipping.
Vessels carrying explosives and steerage passengers, fine as lien,
see section 3671 of this title.
18 USC 2279. Boarding vessels before arrival
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, not being in the United States service, and not being duly
authorized by law for the purpose, goes on board any vessel about to
arrive at the place of her destination, before her actual arrival, and
before she has been completely moored, shall be fined not more than $200
or imprisoned not more than six months, or both.
The master of such vessel may take any such person into custody, and
deliver him up forthwith to any law enforcement officer, to be by him
taken before any committing magistrate, to be dealt with according to
law.
(June 25, 1948, ch. 645, 62 Stat. 805.)
Based on section 708 of title 46, U.S.C., 1940 ed., Shipping (R.S.
4606).
''Law enforcement officer'' was substituted for ''constable or police
officer'' and ''committing magistrate'' for ''justice of the peace.''
The phraseology used in the statute was archaic. It originated when the
government had few law enforcement officers and magistrates of its own.
References to specific sections were made to read: ''according to
law'' to achieve brevity.
Mandatory punishment provision was rephrased in the alternative.
The words ''without permission of the master'' were deleted to remove
an inconsistency with the provisions of section 163 of title 46, U.S.C.,
1940 ed., and customs regulations. Customs regulations, 1943, section
4.1c, prohibit any person ''with or without consent of the master'' from
boarding vessel, with specific enumerated exceptions. Said section 163
prescribes a ''penalty of not more than $100 or imprisonment not to
exceed six months, or both'' for violating regulations. The revised
section increases the fine from $100 to $200 for boarding the vessel
''with the consent of the master.''
Minor changes were made in phraseology.
Violation of regulations governing boarding of vessels before
inspection, see section 163 of Title 46, Appendix, Shipping.
163.
18 USC CHAPTER 113 -- STOLEN PROPERTY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2311. Definitions.
2312. Transportation of stolen vehicles.
2313. Sale or receipt of stolen vehicles.
2314. Transportation of stolen goods, securities, moneys, fraudulent
State tax stamps, or articles used in counterfeiting.
2315. Sale or receipt of stolen goods, securities, moneys, or
fraudulent State tax stamps.
2316. Transportation of livestock.
2317. Sale or receipt of livestock.
2318. Trafficking in counterfeit labels for phonorecords and copies
of motion pictures or other audiovisual works.
2319. Criminal infringement of a copyright.
2320. Trafficking in counterfeit goods or services.
2321. Trafficking in certain motor vehicles or motor vehicle parts.
2322. Chop shops.
1992 -- Pub. L. 102-519, title I, 105(b), Oct. 25, 1992, 106 Stat.
3386, added item 2322.
1986 -- Pub. L. 99-646, 42(b), Nov. 10, 1986, 100 Stat. 3601,
renumbered item 2320 relating to trafficking in certain motor vehicles
or motor vehicle parts as item 2321.
1984 -- Pub. L. 98-547, title II, 204(b), Oct. 25, 1984, 98 Stat.
2770, added item 2320 relating to trafficking in certain motor vehicles
or motor vehicle parts.
Pub. L. 98-473, title II, 1115, 1502(b), Oct. 12, 1984, 98 Stat.
2149, 2179, substituted ''livestock'' for ''cattle'' in items 2316 and
2317 and added item 2320 relating to trafficking in counterfeit goods or
services.
1982 -- Pub. L. 97-180, 4, May 24, 1982, 96 Stat. 92, substituted
''Trafficking in counterfeit labels for phonorecords and copies of
motion pictures or other audiovisual works'' for ''Transportation, sale,
or receipt of phonograph records bearing forged or counterfeit labels''
in item 2318 and added item 2319.
1962 -- Pub. L. 87-773, 2, Oct. 9, 1962, 76 Stat. 775, added item
2318.
1961 -- Pub. L. 87-371, 4, Oct. 4, 1961, 75 Stat. 802, inserted
''fraudulent State tax stamps,'' in item 2314, and substituted ''moneys,
or fraudulent State tax stamps'' for ''or monies'' in item 2315.
Baggage, express and freight; thefts and other depredations
including transportation of money or goods stolen in transit, see
section 659 of this title.
18 USC 2311. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter:
''Aircraft'' means any contrivance now known or hereafter invented,
used, or designed for navigation of or for flight in the air;
''Cattle'' means one or more bulls, steers, oxen, cows, heifers, or
calves, or the carcass or carcasses thereof;
''Money'' means the legal tender of the United States or of any
foreign country, or any counterfeit thereof;
''Motor vehicle'' includes an automobile, automobile truck,
automobile wagon, motorcycle, or any other self-propelled vehicle
designed for running on land but not on rails;
''Securities'' includes any note, stock certificate, bond, debenture,
check, draft, warrant, traveler's check, letter of credit, warehouse
receipt, negotiable bill of lading, evidence of indebtedness,
certificate of interest or participation in any profit-sharing
agreement, collateral-trust certificate, preorganization certificate or
subscription, transferable share, investment contract, voting-trust
certificate; valid or blank motor vehicle title; certificate of
interest in property, tangible or intangible; instrument or document or
writing evidencing ownership of goods, wares, and merchandise, or
transferring or assigning any right, title, or interest in or to goods,
wares, and merchandise; or, in general, any instrument commonly known
as a ''security'', or any certificate of interest or participation in,
temporary or interim certificate for, receipt for, warrant, or right to
subscribe to or purchase any of the foregoing, or any forged,
counterfeited, or spurious representation of any of the foregoing;
''Tax stamp'' includes any tax stamp, tax token, tax meter imprint,
or any other form of evidence of an obligation running to a State, or
evidence of the discharge thereof;
''Value'' means the face, par, or market value, whichever is the
greatest, and the aggregate value of all goods, wares, and merchandise,
securities, and money referred to in a single indictment shall
constitute the value thereof.
(June 25, 1948, ch. 645, 62 Stat. 805; Oct. 4, 1961, Pub. L.
87-371, 1, 75 Stat. 802; Oct. 25, 1984, Pub. L. 98-547, title II,
202, 98 Stat. 2770.)
Based on title 18, U.S.C., 1940 ed., 408, 414(b), (c), 417, 419a(a)
(Oct. 29, 1919, ch. 89, 2(a), 41 Stat. 324; May 22, 1934, ch. 333,
2(b), (c), 5, 48 Stat. 794, 795; Aug. 3, 1939, ch. 413, 3, 53 Stat.
1178; Aug. 18, 1941, ch. 366, 2(a), 55 Stat. 631; Sept. 24, 1945, ch.
383, 1, 59 Stat. 536).
The definitive provisions in each of said sections were separated
therefrom and consolidated into this one section defining terms used in
this chapter.
The definitions of ''interstate or foreign commerce'', contained in
said section 408 and in sections 414(a) and 419a(b) of title 18, U.S.C.,
1940 ed., are incorporated in section 10 of this title.
Other provisions of section 408 of title 18, U.S.C., 1940 ed., are
incorporated in sections 2312 and 2313 of this title.
In the definition of ''motor vehicle'', words ''designed for running
on land but not on rails'' were substituted for ''not designed for
running on rails'' so as to conform with the ruling in the case of
McBoyle v. U.S. (1931, 51 S. Ct. 340, 283, U. S. 25, 75 L. Ed. 816), in
which the Supreme Court held that ''vehicle'' is limited to vehicles
running on land and that motor vehicle does not include an airplane.
In the paragraph defining ''value'' which came from said section 417
of title 18, U.S.C., 1940 ed., words ''In the event that a defendant is
charged in the same indictment with two or more violations of sections
413-419 of this title, then'' were omitted and the same meaning was
preserved by the substitution of the words ''a single'' for the word
''such.''
Minor changes were made in phraseology.
1984 -- Pub. L. 98-547 inserted ''valid or blank motor vehicle
title;''.
1961 -- Pub. L. 87-371 inserted definition of ''Tax stamp''.
Section 1501 of chapter XV ( 1501-1503) of title II of Pub. L.
98-473 provided that: ''This chapter (enacting section 2320 of this
title and amending sections 1116, 1117, and 1118 of Title 15, Commerce
and Trade) may be cited as the 'Trademark Counterfeiting Act of 1984'.''
Pub. L. 97-180, 1, May 24, 1982, 96 Stat. 91, provided: ''That
this Act (enacting section 2319 of this title and amending section 2318
of this title and section 506 of Title 17, Copyrights) may be cited as
the 'Piracy and Counterfeiting Amendments Act of 1982'.''
18 USC 2312. Transportation of stolen vehicles
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever transports in interstate or foreign commerce a motor vehicle
or aircraft, knowing the same to have been stolen, shall be fined under
this title or imprisoned not more than 10 years, or both.
(June 25, 1948, ch. 645, 62 Stat. 806; Oct. 25, 1992, Pub. L.
102-519, title I, 103, 106 Stat. 3385.)
Based on title 18, U.S.C., 1940 ed., 408 (Oct. 29, 1919, ch. 89,
1, 3, 5, 41 Stat. 324, 325; Sept. 24, 1945, ch. 383, 2, 3, 59 Stat.
536).
The first sentence of said section 408, providing the short title
''An Act to punish the transportation of stolen motor vehicles or
aircraft in interstate or foreign commerce,'' and derived from section 1
of said act of October 29, 1919, as amended, was omitted as not
appropriate in a revision.
Definitions of ''aircraft,'' ''motor vehicle,'' and ''interstate or
foreign commerce,'' which constituted the second sentence of said
section 408 of title 18, U.S.C., 1940 ed., and were derived from section
2 of said act of October 29, 1919, as amended, are incorporated in
sections 10 and 2311 of this title.
Provision relating to receiving or selling stolen aircraft or motor
vehicles, which was derived from section 4 of the act of October 29,
1919, as amended, is incorporated in section 2313 of this title.
Venue provision, which was derived from section 5 of the act of
October 29, 1919, was omitted as unnecessary, being covered by section
3237 of this title.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor changes were made in phraseology.
1992 -- Pub. L. 102-519 substituted ''fined under this title or
imprisoned not more than 10 years'' for ''fined not more than $5,000 or
imprisoned not more than five years''.
18 USC 2313. Sale or receipt of stolen vehicles
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever receives, possesses, conceals, stores, barters, sells, or
disposes of any motor vehicle or aircraft, which has crossed a State or
United States boundary after being stolen, knowing the same to have been
stolen, shall be fined under this title or imprisoned not more than 10
years, or both.
(b) For purposes of this section, the term ''State'' includes a State
of the United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(June 25, 1948, ch. 645, 62 Stat. 806; Oct. 25, 1984, Pub. L.
98-547, title II, 203, 98 Stat. 2770; Nov. 29, 1990, Pub. L. 101-647,
title XII, 1205(l), 104 Stat. 4831; Oct. 25, 1992, Pub. L. 102-519,
title I, 103, 106 Stat. 3385.)
Based on title 18, U.S.C., 1940 ed., 408 (Oct. 29, 1919, ch. 89, 4,
41 Stat. 325; Sept. 24, 1945, ch. 383, 2, 3, 59 Stat. 536).
Section constitutes the fourth sentence of said section 408 of title
18, U.S.C., 1940 ed.
Definitions of ''aircraft,'' ''motor vehicle,'' and ''interstate or
foreign commerce,'' which constituted the second sentence of said
section 408, are incorporated in sections 10 and 2311 of this title.
The third sentence of said section 408, relating to transporting
stolen aircraft or motor vehicles, is incorporated in section 2312 of
this title.
The first sentence of said section 408, providing the short title,
and the fifth sentence thereof, relating to venue, were omitted. (See
reviser's note under section 2312 of this title.)
Minor changes were made in phraseology.
1992 -- Subsec. (a). Pub. L. 102-519 substituted ''fined under this
title or imprisoned not more than 10 years'' for ''fined not more than
$5,000 or imprisoned not more than five years''.
1990 -- Pub. L. 101-647 designated existing provisions as subsec.
(a) and added subsec. (b).
1984 -- Pub. L. 98-547 inserted ''possesses,'' after ''receives,''
and substituted ''which has crossed a State or United States boundary
after being stolen,'' for ''moving as, or which is a part of, or which
constitutes interstate or foreign commerce,''.
Venue of offense involving more than one district, see section 3237
of this title.
18 USC 2314. Transportation of stolen goods, securities, moneys,
fraudulent State tax stamps, or articles used in counterfeiting
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever transports, transmits, or transfers in interstate or foreign
commerce any goods, wares, merchandise, securities or money, of the
value of $5,000 or more, knowing the same to have been stolen, converted
or taken by fraud; or
Whoever, having devised or intending to devise any scheme or artifice
to defraud, or for obtaining money or property by means of false or
fraudulent pretenses, representations, or promises, transports or causes
to be transported, or induces any person or persons to travel in, or to
be transported in interstate or foreign commerce in the execution or
concealment of a scheme or artifice to defraud that person or those
persons of money or property having a value of $5,000 or more; or
Whoever, with unlawful or fraudulent intent, transports in interstate
or foreign commerce any falsely made, forged, altered, or counterfeited
securities or tax stamps, knowing the same to have been falsely made,
forged, altered, or counterfeited; or
Whoever, with unlawful or fraudulent intent, transports in interstate
or foreign commerce any traveler's check bearing a forged
countersignature; or
Whoever, with unlawful or fraudulent intent, transports in interstate
or foreign commerce, any tool, implement, or thing used or fitted to be
used in falsely making, forging, altering, or counterfeiting any
security or tax stamps, or any part thereof --
Shall be fined not more than $10,000 or imprisoned not more than ten
years, or both.
This section shall not apply to any falsely made, forged, altered,
counterfeited or spurious representation of an obligation or other
security of the United States, or of an obligation, bond, certificate,
security, treasury note, bill, promise to pay or bank note issued by any
foreign government. This section also shall not apply to any falsely
made, forged, altered, counterfeited, or spurious representation of any
bank note or bill issued by a bank or corporation of any foreign country
which is intended by the laws or usage of such country to circulate as
money.
(June 25, 1948, ch. 645, 62 Stat. 806; May 24, 1949, ch. 139, 45,
63 Stat. 96; July 9, 1956, ch. 519, 70 Stat. 507; Oct. 4, 1961, Pub.
L. 87-371, 2, 75 Stat. 802; Sept. 28, 1968, Pub. L. 90-535, 82 Stat.
885; Nov. 18, 1988, Pub. L. 100-690, title VII, 7057, 7080, 102 Stat.
4402, 4406; Nov. 29, 1990, Pub. L. 101-647, title XII, 1208, 104 Stat.
4832.)
Based on title 18, U.S.C., 1940 ed., 413, 415, 418, 418a, 419 (May
22, 1934, ch. 333, 1, 3, 6, 48 Stat. 794, 795; May 22, 1934, ch. 333,
7, as added Aug. 3, 1939, ch. 413, 5, 53 Stat. 1179; May 22, 1934,
ch. 333, 7, renumbered 8 by Aug. 3, 1939, ch. 413, 6, 53 Stat. 1179;
Aug. 3, 1939, ch. 413, 1, 4, 5, 53 Stat. 1178, 1179).
Section consolidates sections 413, 415, 417, 418, 418a, and 419 of
title 18, U.S.C., 1940 ed.
Words ''or with intent to steal or purloin, knowing the same to have
been so stolen, converted, or taken'' were omitted as surplusage, since
property so ''taken'' is ''stolen,'' and insertion of word ''knowingly''
after ''Whoever'' at beginning of section renders such omission
possible.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Section 413 of title 18, U.S.C., 1940 ed., providing the short title
''National Stolen Property Act,'' was omitted as not appropriate in a
revision.
Section 414 of title 18, U.S.C., 1940 ed., containing definitions of
''interstate or foreign commerce,'' ''securities,'' and ''money,'' is
incorporated in sections 10 and 2311 of this title.
Section 417 of title 18, U.S.C., 1940 ed., relating to indictments
and determination of ''value'' of goods, wares, merchandise, securities,
and money referred to in indictments, is also incorporated in section
2311 of this title.
Section 418 of title 18, U.S.C., 1940 ed., relating to venue, was
omitted as completely covered by section 3237 of this title.
Section 418a of title 18, U.S.C., 1940 ed., relating to conspiracy,
was omitted as covered by section 371 of this title, the general
conspiracy section.
Section 419 of title 18, U.S.C., 1940 ed., providing that nothing
contained in the National Stolen Property Act should be construed to
repeal, modify, or amend any part of the National Motor Vehicle Theft
Act, was omitted as unnecessary, in view of this revision and
reenactment of the provisions of the latter act (sections 10, 2311-2313
of this title).
Changes were made in phraseology and arrangement.
This amendment (see section 45) restates and clarifies the first
paragraph of section 2314 of title 18, U.S.C., to conform to the
original law upon which the section is based.
1990 -- Pub. L. 101-647 inserted ''or foreign'' after ''interstate''
in second par.
1988 -- Pub. L. 100-690, 7057(a), substituted ''transports,
transmits, or transfers'' for ''transports'' in first par.
Pub. L. 100-690, 7080, inserted ''or persons'' after ''any person''
and ''or those persons'' after ''that person'' in second par.
Pub. L. 100-690, 7057(b), struck out ''or by a bank or corporation
of any foreign country'' after ''foreign government'' in last par. and
inserted at end ''This section also shall not apply to any falsely made,
forged, altered, counterfeited, or spurious representation of any bank
note or bill issued by a bank or corporation of any foreign country
which is intended by the laws or usage of such country to circulate as
money.''
1968 -- Pub. L. 90-535 prohibited transportation with unlawful or
fraudulent intent in interstate or foreign commerce of traveler's checks
bearing forged countersignatures.
1961 -- Pub. L. 87-371 inserted ''or tax stamps'' after
''securities'' in third par. and after ''security'' in fourth par., and
''fraudulent State tax stamps,'' in section catchline.
1956 -- Act July 9, 1956, inserted par. relating to interstate
transportation of persons in schemes to defraud.
1949 -- Act May 24, 1949, substituted ''knowing the same to have been
stolen, converted or taken by fraud'' for ''theretofore stolen,
converted, or taken by fraud'' in first par.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC 2315. Sale or receipt of stolen goods, securities, moneys, or
fraudulent State tax stamps
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever receives, possesses, conceals, stores, barters, sells, or
disposes of any goods, wares, or merchandise, securities, or money of
the value of $5,000 or more, or pledges or accepts as security for a
loan any goods, wares, or merchandise, or securities, of the value of
$500 or more, which have crossed a State or United States boundary after
being stolen, unlawfully converted, or taken, knowing the same to have
been stolen, unlawfully converted, or taken; or
Whoever receives, possesses, conceals, stores, barters, sells, or
disposes of any falsely made, forged, altered, or counterfeited
securities or tax stamps, or pledges or accepts as security for a loan
any falsely made, forged, altered, or counterfeited securities or tax
stamps, moving as, or which are a part of, or which constitute
interstate or foreign commerce, knowing the same to have been so falsely
made, forged, altered, or counterfeited; or
Whoever receives in interstate or foreign commerce, or conceals,
stores, barters, sells, or disposes of, any tool, implement, or thing
used or intended to be used in falsely making, forging, altering, or
counterfeiting any security or tax stamp, or any part thereof, moving
as, or which is a part of, or which constitutes interstate or foreign
commerce, knowing that the same is fitted to be used, or has been used,
in falsely making, forging, altering, or counterfeiting any security or
tax stamp, or any part thereof --
Shall be fined not more than $10,000 or imprisoned not more than ten
years, or both.
This section shall not apply to any falsely made, forged, altered,
counterfeited, or spurious representation of an obligation or other
security of the United States or of an obligation, bond, certificate,
security, treasury note, bill, promise to pay, or bank note, issued by
any foreign government. This section also shall not apply to any
falsely made, forged, altered, counterfeited, or spurious representation
of any bank note or bill issued by a bank or corporation of any foreign
country which is intended by the laws or usage of such country to
circulate as money.
For purposes of this section, the term ''State'' includes a State of
the United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(June 25, 1948, ch. 645, 62 Stat. 806; Oct. 4, 1961, Pub. L.
87-371, 3, 75 Stat. 802; Nov. 10, 1986, Pub. L. 99-646, 76, 100 Stat.
3618; Nov. 18, 1988, Pub. L. 100-690, title VII, 7048, 7057(b), 102
Stat. 4401, 4402; Nov. 29, 1990, Pub. L. 101-647, title XII, 1205(m),
104 Stat. 4831.)
Based on title 18, U.S.C., 1940 ed., 416 (May 22, 1934, ch. 333, 4,
48 Stat. 795; Aug. 3, 1939, ch. 413, 2, 53 Stat. 1178).
(See reviser's notes under sections 10, 2311 and 2314 of this title
for explanation of consolidation or omission of other sections of title
18, U.S.C., 1940 ed., which were derived from the National Stolen
Property Act.)
Minor changes were made in phraseology.
1990 -- Pub. L. 101-647 inserted par. at end defining ''State''.
1988 -- Pub. L. 100-690, 7048, substituted ''moving as, or which
are a part of, or which constitute interstate or foreign commerce'' for
''which have crossed a State or United States boundary after being
stolen, unlawfully converted, or taken'' in second par.
Pub. L. 100-690, 7057(b), struck out ''or by a bank or corporation
of any foreign country'' after ''foreign government'' in last par. and
inserted at end ''This section also shall not apply to any falsely made,
forged, altered, counterfeited, or spurious representation of any bank
note or bill issued by a bank or corporation of any foreign country
which is intended by the laws or usage of such country to circulate as
money.''
1986 -- Pub. L. 99-646 substituted ''receives, possesses, conceals''
for ''receives, conceals'' and ''which have crossed a State or United
States boundary after being stolen, unlawfully converted, or taken'' for
''moving as, or which are part of, or which constitute interstate or
foreign commerce'' in first and second pars.
1961 -- Pub. L. 87-371 inserted ''or tax stamps'' after
''securities'', wherever appearing, in second par., and ''or tax stamp''
after ''security'', wherever appearing, in third par., and substituted
''moneys, or fraudulent State tax stamps'' for ''or monies'' in section
catchline.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
18 USC 2316. Transportation of livestock
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever transports in interstate or foreign commerce any livestock,
knowing the same to have been stolen, shall be fined not more than
$5,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 807; Oct. 12, 1984, Pub. L.
98-473, title II, 1113, 98 Stat. 2149.)
Based on title 18, U.S.C., 1940 ed., 419b, 419d (Aug. 18, 1941, ch.
366, 3, 5, 55 Stat. 631).
This section consolidates sections 419b and 419d of title 18, U.S.C.,
1940 ed.
Definition of ''cattle'', contained in section 419a(a) of title 18,
U.S.C., 1940 ed., is incorporated in section 2311 of this title.
Definition of ''interstate or foreign commerce'', constituting
section 419a(b) of title 18, U.S.C., 1940 ed., is incorporated in
section 10 of this title.
The venue provision of said section 419d of title 18, U.S.C., 1940
ed., was omitted as completely covered by section 3237 of this title.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ''principal'' in section 2 of this title.
Minor changes were made in phraseology.
1984 -- Pub. L. 98-473 substituted ''livestock'' for ''cattle'' in
section catchline and text.
18 USC 2317. Sale or receipt of livestock
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever receives, conceals, stores, barters, buys, sells, or disposes
of any livestock, moving in or constituting a part of interstate or
foreign commerce, knowing the same to have been stolen, shall be fined
not more than $5,000 or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 807; Oct. 12, 1984, Pub. L.
98-473, title II, 1114, 98 Stat. 2149.)
Based on title 18, U.S.C., 1940 ed., 419c, 419d (Aug. 18, 1941, ch.
366, 4, 5, 55 Stat. 632).
Definitions of ''cattle'' and ''interstate or foreign commerce'',
contained in section 419a of title 18, U.S.C., 1940 ed., are
incorporated in sections 10 and 2311 of this title.
Venue provision of said section 419d of title 18, U.S.C., 1940 ed.,
was omitted as completely covered by section 3237 of this title.
Minor changes were made in phraseology.
1984 -- Pub. L. 98-473 substituted ''livestock'' for ''cattle'' in
section catchline and text.
18 USC 2318. Trafficking in counterfeit labels for phonorecords and
copies of motion pictures or other audiovisual works
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, in any of the circumstances described in subsection (c)
of this section, knowingly traffics in a counterfeit label affixed or
designed to be affixed to a phonorecord, or a copy of a motion picture
or other audiovisual work, shall be fined not more than $250,000 or
imprisoned for not more than five years, or both.
(b) As used in this section --
(1) the term ''counterfeit label'' means an identifying label or
container that appears to be genuine, but is not;
(2) the term ''traffic'' means to transport, transfer or otherwise
dispose of, to another, as consideration for anything of value or to
make or obtain control of with intent to so transport, transfer or
dispose of; and
(3) the terms ''copy'', ''phonorecord'', ''motion picture'', and
''audiovisual work'' have, respectively, the meanings given those terms
in section 101 (relating to definitions) of title 17.
(c) The circumstances referred to in subsection (a) of this section
are --
(1) the offense is committed within the special maritime and
territorial jurisdiction of the United States; or within the special
aircraft jurisdiction of the United States (as defined in section 101 of
the Federal Aviation Act of 1958);
(2) the mail or a facility of interstate or foreign commerce is used
or intended to be used in the commission of the offense; or
(3) the counterfeit label is affixed to or encloses, or is designed
to be affixed to or enclose, a copyrighted motion picture or other
audiovisual work, or a phonorecord of a copyrighted sound recording.
(d) When any person is convicted of any violation of subsection (a),
the court in its judgment of conviction shall in addition to the penalty
therein prescribed, order the forfeiture and destruction or other
disposition of all counterfeit labels and all articles to which
counterfeit labels have been affixed or which were intended to have had
such labels affixed.
(e) Except to the extent they are inconsistent with the provisions of
this title, all provisions of section 509, title 17, United States Code,
are applicable to violations of subsection (a).
(Added Pub. L. 87-773, 1, Oct. 9, 1962, 76 Stat. 775; amended Pub.
L. 93-573, title I, 103, Dec. 31, 1974, 88 Stat. 1873; Pub. L.
94-553, title I, 111, Oct. 19, 1976, 90 Stat. 2600; Pub. L. 97-180,
2, May 24, 1982, 96 Stat. 91; Pub. L. 101-647, title XXXV, 3567, Nov.
29, 1990, 104 Stat. 4928.)
Section 101 of the Federal Aviation Act of 1958, referred to in
subsec. (c)(1), is classified to section 1301 of Title 49, Appendix,
Transportation.
1990 -- Pub. L. 101-647 struck out comma after ''phonorecords'' in
section catchline.
1982 -- Pub. L. 97-180 substituted ''Trafficking in counterfeit
labels for phonorecords, and copies of motion pictures or other
audiovisual works'' for ''Transportation, sale or receipt of phonograph
records bearing forged or counterfeit labels'' in section catchline.
Subsec. (a). Pub. L. 97-180 substituted provision that violators of
this section shall be fined not more than $250,000 or imprisoned for not
more than five years or both for provision that whoever knowingly and
with fraudulent intent transported, caused to be transported, received,
sold, or offered for sale in interstate or foreign commerce any
phonograph record, disk, wire, tape, film, or other article on which
sounds were recorded, to which or upon which was stamped, pasted, or
affixed any forged or counterfeited label, knowing the label to have
been falsely made, forged, or counterfeited would be fined not more than
$10,000 or imprisoned for not more than one year, or both, for the first
such offense and would be fined not more than $25,000 or imprisoned for
not more than two years, or both, for any subsequent offense.
Subsecs. (b) to (e). Pub. L. 97-180 added subsecs. (b) and (c),
redesignated former subsecs. (b) and (c) as (d) and (e), respectively,
and in subsec. (d) as so redesignated struck out the comma after
''judgment of conviction shall''.
1976 -- Pub. L. 94-553 designated existing provisions as subsec.
(a) and substituted ''$10,000'' for ''$25,000'' and ''$25,000'' for
''$50,000'', and added subsecs. (b) and (c).
1974 -- Pub. L. 93-573 substituted ''not more than $25,000 or
imprisoned for not more than one year, or both, for the first offense
and shall be fined not more than $50,000 or imprisoned not more than 2
years, or both, for any subsequent offense'' for ''not more than $1,000
or imprisoned not more than one year or both''.
Amendment by Pub. L. 94-553 effective Jan. 1, 1978, see section 102
of Pub. L. 94-553, set out as a note preceding section 101 of Title 17,
Copyrights.
18 USC 2319. Criminal infringement of a copyright
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever violates section 506(a) (relating to criminal offenses)
of title 17 shall be punished as provided in subsection (b) of this
section and such penalties shall be in addition to any other provisions
of title 17 or any other law.
(b) Any person who commits an offense under subsection (a) of this
section --
(1) shall be imprisoned not more than 5 years, or fined in the amount
set forth in this title, or both, if the offense consists of the
reproduction or distribution, during any 180-day period, of at last /1/
10 copies or phonorecords, of 1 or more copyrighted works, with a retail
value of more than $2,500;
(2) shall be imprisoned not more than 10 years, or fined in the
amount set forth in this title, or both, if the offense is a second or
subsequent offense under paragraph (1); and
(3) shall be imprisoned not more than 1 year, or fined in the amount
set forth in this title, or both, in any other case.
(c) As used in this section --
(1) the terms ''phonorecord'' and ''copies'' have, respectively, the
meanings set forth in section 101 (relating to definitions) of title 17;
and
(2) the terms ''reproduction'' and ''distribution'' refer to the
exclusive rights of a copyright owner under clauses (1) and (3)
respectively of section 106 (relating to exclusive rights in copyrighted
works), as limited by sections 107 through 120, of title 17.
(Added Pub. L. 97-180, 3, May 24, 1982, 96 Stat. 92; amended Pub.
L. 102-561, Oct. 28, 1992, 106 Stat. 4233.)
1992 -- Subsec. (b). Pub. L. 102-561, 1, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''Any
person who commits an offense under subsection (a) of this section --
''(1) shall be fined not more than $250,000 or imprisoned for not
more than five years, or both, if the offense --
''(A) involves the reproduction or distribution, during any
one-hundred-and-eighty-day period, of at least one thousand phonorecords
or copies infringing the copyright in one or more sound recordings;
''(B) involves the reproduction or distribution, during any
one-hundred-and-eighty-day period, of at least sixty-five copies
infringing the copyright in one or more motion pictures or other
audiovisual works; or
''(C) is a second or subsequent offense under either of subsection
(b)(1) or (b)(2) of this section, where a prior offense involved a sound
recording, or a motion picture or other audiovisual work;
''(2) shall be fined not more than $250,000 or imprisoned for not
more than two years, or both, if the offense --
''(A) involves the reproduction or distribution, during any
one-hundred-and-eighty-day period, of more than one hundred but less
than one thousand phonorecords or copies infringing the copyright in one
or more sound recordings; or
''(B) involves the reproduction or distribution, during any
one-hundred-and-eighty-day period, of more than seven but less than
sixty-five copies infringing the copyright in one or more motion
pictures or other audiovisual works; and
''(3) shall be fined not more than $25,000 or imprisoned for not more
than one year, or both, in any other case.''
Subsec. (c). Pub. L. 102-561, 2, substituted '''phonorecord''' for
'''sound recording', 'motion picture', 'audiovisual work',
'phonorecord','' in par. (1) and ''120'' for ''118'' in par. (2).
/1/ So in original. Probably should be ''least''.
18 USC 2320. Trafficking in counterfeit goods or services
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever intentionally traffics or attempts to traffic in goods or
services and knowingly uses a counterfeit mark on or in connection with
such goods or services shall, if an individual, be fined not more than
$250,000 or imprisoned not more than five years, or both, and, if a
person other than an individual, be fined not more than $1,000,000. In
the case of an offense by a person under this section that occurs after
that person is convicted of another offense under this section, the
person convicted, if an individual, shall be fined not more than
$1,000,000 or imprisoned not more than fifteen years, or both, and if
other than an individual, shall be fined not more than $5,000,000.
(b) Upon a determination by a preponderance of the evidence that any
articles in the possession of a defendant in a prosecution under this
section bear counterfeit marks, the United States may obtain an order
for the destruction of such articles.
(c) All defenses, affirmative defenses, and limitations on remedies
that would be applicable in an action under the Lanham Act shall be
applicable in a prosecution under this section. In a prosecution under
this section, the defendant shall have the burden of proof, by a
preponderance of the evidence, of any such affirmative defense.
(d) For the purposes of this section --
(1) the term ''counterfeit mark'' means --
(A) a spurious mark --
(i) that is used in connection with trafficking in goods or services;
(ii) that is identical with, or substantially indistinguishable from,
a mark registered for those goods or services on the principal register
in the United States Patent and Trademark Office and in use, whether or
not the defendant knew such mark was so registered; and
(iii) the use of which is likely to cause confusion, to cause
mistake, or to deceive; or
(B) a spurious designation that is identical with, or substantially
indistinguishable from, a designation as to which the remedies of the
Lanham Act are made available by reason of section 110 of the Olympic
Charter Act;
but such term does not include any mark or designation used in
connection with goods or services of which the manufacturer or producer
was, at the time of the manufacture or production in question authorized
to use the mark or designation for the type of goods or services so
manufactured or produced, by the holder of the right to use such mark or
designation;
(2) the term ''traffic'' means transport, transfer, or otherwise
dispose of, to another, as consideration for anything of value, or make
or obtain control of with intent so to transport, transfer, or dispose
of;
(3) the term ''Lanham Act'' means the Act entitled ''An Act to
provide for the registration and protection of trademarks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C.
1051 et seq.); and
(4) the term ''Olympic Charter Act'' means the Act entitled ''An Act
to incorporate the United States Olympic Association'', approved
September 21, 1950 (36 U.S.C. 371 et seq.).
(Added Pub. L. 98-473, title II, 1502(a), Oct. 12, 1984, 98 Stat.
2178.)
The Lanham Act, referred to in subsecs. (c) and (d)(1)(B), (3), also
known as the Trademark Act of 1946, is act July 5, 1946, ch. 540, 60
Stat. 427, as amended, which is classified generally to chapter 22 (
1051 et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set out
under section 1051 of Title 15 and Tables.
The Olympic Charter Act, referred to in subsec. (d)(4), is act Sept.
21, 1950, ch. 975, 64 Stat. 899, as amended, which is classified
generally to chapter 17 ( 371 et seq.) of Title 36, Patriotic Societies
and Observances. Section 110 of the Olympic Charter Act is classified
to section 380 of Title 36. For complete classification of this Act to
the Code, see Tables.
Another section 2320 was renumbered section 2321 of this title.
18 USC 2321. Trafficking in certain motor vehicles or motor vehicle
parts
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever buys, receives, possesses, or obtains control of, with
intent to sell or otherwise dispose of, a motor vehicle or motor vehicle
part, knowing that an identification number for such motor vehicle or
part has been removed, obliterated, tampered with, or altered, shall be
fined not more than $20,000 or imprisoned not more than ten years, or
both.
(b) Subsection (a) does not apply if the removal, obliteration,
tampering, or alteration --
(1) is caused by collision or fire; or
(2) is not a violation of section 511 of this title.
(c) As used in this section, the terms ''identification number'' and
''motor vehicle'' have the meaning given those terms in section 511 of
this title.
(Added Pub. L. 98-547, title II, 204(a), Oct. 25, 1984, 98 Stat.
2770, 2320; renumbered 2321, Pub. L. 99-646, 42(a), Nov. 10, 1986,
100 Stat. 3601.)
18 USC 2322. Chop shops
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. --
(1) Unlawful action. -- Any person who knowingly owns, operates,
maintains, or controls a chop shop or conducts operations in a chop shop
shall be punished by a fine under this title or by imprisonment for not
more than 15 years, or both. If a conviction of a person under this
paragraph is for a violation committed after the first conviction of
such person under this paragraph, the maximum punishment shall be
doubled with respect to any fine and imprisonment.
(2) Injunctions. -- The Attorney General shall, as appropriate, in
the case of any person who violates paragraph (1), commence a civil
action for permanent or temporary injunction to restrain such violation.
(b) Definition. -- For purposes of this section, the term ''chop
shop'' means any building, lot, facility, or other structure or premise
where one or more persons engage in receiving, concealing, destroying,
disassembling, dismantling, reassembling, or storing any passenger motor
vehicle or passenger motor vehicle part which has been unlawfully
obtained in order to alter, counterfeit, deface, destroy, disguise,
falsify, forge, obliterate, or remove the identity, including the
vehicle identification number or derivative thereof, of such vehicle or
vehicle part and to distribute, sell, or dispose of such vehicle or
vehicle part in interstate or foreign commerce.
(Added Pub. L. 102-519, title I, 105(a), Oct. 25, 1992, 106 Stat.
3385.)
18 USC CHAPTER 113A -- TERRORISM
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2331. Definitions.
2332. Criminal penalties.
2333. Civil remedies.
2334. Jurisdiction and venue.
2335. Limitation of actions.
2336. Other limitations.
2337. Suits against Government officials.
2338. Exclusive Federal jurisdiction.
Pub. L. 101-519, 132, Nov. 5, 1990, 104 Stat. 2250, known as the
''Antiterrorism Act of 1990'', amended this chapter by adding sections
2331 and 2333 to 2338 and by amending former section 2331 and
renumbering it as section 2332. Pub. L. 102-27, title IV, 402, Apr.
10, 1991, 105 Stat. 155, as amended by Pub. L. 102-136, 126, Oct.
25, 1991, 105 Stat. 643, repealed section 132 of Pub. L. 101-519,
effective Nov. 5, 1990, and provided that effective Nov. 5, 1990, this
chapter is amended to read as if section 132 of Pub. L. 101-519 had not
been enacted.
1992 -- Pub. L. 102-572, title X, 1003(a)(5), Oct. 29, 1992, 106
Stat. 4524, substituted ''TERRORISM'' for ''EXTRATERRITORIAL
JURISDICTION OVER TERRORIST ACTS ABROAD AGAINST UNITED STATES
NATIONALS'' in chapter heading and amended chapter analysis generally,
substituting ''Definitions'' for ''Terrorist acts abroad against United
States nationals'' in item 2331 and adding items 2332 to 2338.
1988 -- Pub. L. 100-690, title VII, 7062, Nov. 18, 1988, 102 Stat.
4404, added item 2331.
18 USC 2331. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) the term ''international terrorism'' means activities that --
(A) involve violent acts or acts dangerous to human life that are a
violation of the criminal laws of the United States or of any State, or
that would be a criminal violation if committed within the jurisdiction
of the United States or of any State;
(B) appear to be intended --
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or
coercion; or
(iii) to affect the conduct of a government by assassination or
kidnapping; and
(C) occur primarily outside the territorial jurisdiction of the
United States, or transcend national boundaries in terms of the means by
which they are accomplished, the persons they appear intended to
intimidate or coerce, or the locale in which their perpetrators operate
or seek asylum;
(2) the term ''national of the United States'' has the meaning given
such term in section 101(a)(22) of the Immigration and Nationality Act;
(3) the term ''person'' means any individual or entity capable of
holding a legal or beneficial interest in property; and
(4) the term ''act of war'' means any act occurring in the course of
--
(A) declared war;
(B) armed conflict, whether or not war has been declared, between two
or more nations; or
(C) armed conflict between military forces of any origin.
(Added Pub. L. 102-572, title X, 1003(a)(3), Oct. 29, 1992, 106
Stat. 4521.)
Section 101(a)(22) of the Immigration and Nationality Act, referred
to in par. (2), is classified to section 1101(a)(22) of Title 8, Aliens
and Nationality.
A prior section 2331 was renumbered 2332 of this title.
Section 1003(c) of Pub. L. 102-572 provided that: ''This section
(enacting this section and sections 2333 to 2338 of this title, amending
former section 2331 of this title, and renumbering former section 2331
of this title as 2332) and the amendments made by this section shall
apply to any pending case or any cause of action arising on or after 4
years before the date of enactment of this Act (Oct. 29, 1992).''
18 USC 2332. Criminal penalties
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Homicide. -- Whoever kills a national of the United States, while
such national is outside the United States, shall --
(1) if the killing is a murder as defined in section 1111(a) of this
title, be fined under this title or imprisoned for any term of years or
for life, or both so fined and so imprisoned;
(2) if the killing is a voluntary manslaughter as defined in section
1112(a) of this title, be fined under this title or imprisoned not more
than ten years, or both; and
(3) if the killing is an involuntary manslaughter as defined in
section 1112(a) of this title, be fined under this title or imprisoned
not more than three years, or both.
(b) Attempt or Conspiracy With Respect to Homicide. -- Whoever
outside the United States attempts to kill, or engages in a conspiracy
to kill, a national of the United States shall --
(1) in the case of an attempt to commit a killing that is a murder as
defined in this chapter, be fined under this title or imprisoned not
more than 20 years, or both; and
(2) in the case of a conspiracy by two or more persons to commit a
killing that is a murder as defined in section 1111(a) of this title, if
one or more of such persons do any overt act to effect the object of the
conspiracy, be fined under this title or imprisoned for any term of
years or for life, or both so fined and so imprisoned.
(c) Other Conduct. -- Whoever outside the United States engages in
physical violence --
(1) with intent to cause serious bodily injury to a national of the
United States; or
(2) with the result that serious bodily injury is caused to a
national of the United States;
shall be fined under this title or imprisoned not more than five
years, or both.
(d) Limitation on Prosecution. -- No prosecution for any offense
described in this section shall be undertaken by the United States
except on written certification of the Attorney General or the highest
ranking subordinate of the Attorney General with responsibility for
criminal prosecutions that, in the judgment of the certifying official,
such offense was intended to coerce, intimidate, or retaliate against a
government or a civilian population.
(Added Pub. L. 99-399, title XII, 1202(a), Aug. 27, 1986, 100 Stat.
896, 2331; amended Pub. L. 101-519, 132(b), Nov. 5, 1990, 104 Stat.
2250; Pub. L. 102-27, title IV, 402, Apr. 10, 1991, 105 Stat. 155;
Pub. L. 102-136, 126, Oct. 25, 1991, 105 Stat. 643; renumbered 2332
and amended Pub. L. 102-572, title X, 1003(a)(1), (2), Oct. 29, 1992,
106 Stat. 4521.)
1992 -- Pub. L. 102-572 renumbered section 2331 of this title as
this section, substituted ''Criminal penalties'' for ''Terrorist acts
abroad against United States national'' in section catchline,
redesignated subsec. (e) as (d), and struck out former subsec. (d)
which read as follows: ''Definition. -- As used in this section the
term 'national of the United States' has the meaning given such term in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''
1991 -- Pub. L. 102-27, 402, as amended by Pub. L. 102-136, 126,
repealed Pub. L. 101-519, 132, and amended this section to read as if
Pub. L. 101-519, 132, had not been enacted, effective as of Nov. 5,
1990, the date of enactment of Pub. L. 101-519. See Codification note
preceding this section.
1990 -- Pub. L. 101-519, 132, which amended this section, was
repealed by Pub. L. 102-27, 402, as amended. See 1991 Amendment note
above.
Amendment by Pub. L. 102-572 applicable to any pending case or any
cause of action arising on or after 4 years before Oct. 29, 1992, see
section 1003(c) of Pub. L. 102-572, set out as an Effective Date note
under section 2331 of this title.
18 USC 2333. Civil remedies
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Action and Jurisdiction. -- Any national of the United States
injured in his or her person, property, or business by reason of an act
of international terrorism, or his or her estate, survivors, or heirs,
may sue therefor in any appropriate district court of the United States
and shall recover threefold the damages he or she sustains and the cost
of the suit, including attorney's fees.
(b) Estoppel Under United States Law. -- A final judgment or decree
rendered in favor of the United States in any criminal proceeding under
section 1116, 1201, 1203, or 2332 of this title or section 902(i), (k),
(l), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1472(i), (k), (l), (n), or (r)) shall estop the defendant from denying
the essential allegations of the criminal offense in any subsequent
civil proceeding under this section.
(c) Estoppel Under Foreign Law. -- A final judgment or decree
rendered in favor of any foreign state in any criminal proceeding shall,
to the extent that such judgment or decree may be accorded full faith
and credit under the law of the United States, estop the defendant from
denying the essential allegations of the criminal offense in any
subsequent civil proceeding under this section.
(Added Pub. L. 102-572, title X, 1003(a)(4), Oct. 29, 1992, 106
Stat. 4522.)
Section applicable to any pending case or any cause of action arising
on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub.
L. 102-572, set out as a note under section 2331 of this title.
18 USC 2334. Jurisdiction and venue
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) General Venue. -- Any civil action under section 2333 of this
title against any person may be instituted in the district court of the
United States for any district where any plaintiff resides or where any
defendant resides or is served, or has an agent. Process in such a
civil action may be served in any district where the defendant resides,
is found, or has an agent.
(b) Special Maritime or Territorial Jurisdiction. -- If the actions
giving rise to the claim occurred within the special maritime and
territorial jurisdiction of the United States, as defined in section 7
of this title, then any civil action under section 2333 of this title
against any person may be instituted in the district court of the United
States for any district in which any plaintiff resides or the defendant
resides, is served, or has an agent.
(c) Service on Witnesses. -- A witness in a civil action brought
under section 2333 of this title may be served in any other district
where the defendant resides, is found, or has an agent.
(d) Convenience of the Forum. -- The district court shall not dismiss
any action brought under section 2333 of this title on the grounds of
the inconvenience or inappropriateness of the forum chosen, unless --
(1) the action may be maintained in a foreign court that has
jurisdiction over the subject matter and over all the defendants;
(2) that foreign court is significantly more convenient and
appropriate; and
(3) that foreign court offers a remedy which is substantially the
same as the one available in the courts of the United States.
(Added Pub. L. 102-572, title X, 1003(a)(4), Oct. 29, 1992, 106
Stat. 4522.)
Section applicable to any pending case or any cause of action arising
on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub.
L. 102-572, set out as a note under section 2331 of this title.
18 USC 2335. Limitation of actions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- Subject to subsection (b), a suit for recovery of
damages under section 2333 of this title shall not be maintained unless
commenced within 4 years after the date the cause of action accrued.
(b) Calculation of Period. -- The time of the absence of the
defendant from the United States or from any jurisdiction in which the
same or a similar action arising from the same facts may be maintained
by the plaintiff, or of any concealment of the defendant's whereabouts,
shall not be included in the 4-year period set forth in subsection (a).
(Added Pub. L. 102-572, title X, 1003(a)(4), Oct. 29, 1992, 106
Stat. 4523.)
Section applicable to any pending case or any cause of action arising
on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub.
L. 102-572, set out as a note under section 2331 of this title.
18 USC 2336. Other limitations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Acts of War. -- No action shall be maintained under section 2333
of this title for injury or loss by reason of an act of war.
(b) Limitation on Discovery. -- If a party to an action under section
2333 seeks to discover the investigative files of the Department of
Justice, the Assistant Attorney General, Deputy Attorney General, or
Attorney General may object on the ground that compliance will interfere
with a criminal investigation or prosecution of the incident, or a
national security operation related to the incident, which is the
subject of the civil litigation. The court shall evaluate any such
objections in camera and shall stay the discovery if the court finds
that granting the discovery request will substantially interfere with a
criminal investigation or prosecution of the incident or a national
security operation related to the incident. The court shall consider
the likelihood of criminal prosecution by the Government and other
factors it deems to be appropriate. A stay of discovery under this
subsection shall constitute a bar to the granting of a motion to dismiss
under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If
the court grants a stay of discovery under this subsection, it may stay
the action in the interests of justice.
(c) Stay of Action for Civil Remedies. -- (1) The Attorney General
may intervene in any civil action brought under section 2333 for the
purpose of seeking a stay of the civil action. A stay shall be granted
if the court finds that the continuation of the civil action will
substantially interfere with a criminal prosecution which involves the
same subject matter and in which an indictment has been returned, or
interfere with national security operations related to the terrorist
incident that is the subject of the civil action. A stay may be granted
for up to 6 months. The Attorney General may petition the court for an
extension of the stay for additional 6-month periods until the criminal
prosecution is completed or dismissed.
(2) In a proceeding under this subsection, the Attorney General may
request that any order issued by the court for release to the parties
and the public omit any reference to the basis on which the stay was
sought.
(Added Pub. L. 102-572, title X, 1003(a)(4), Oct. 29, 1992, 106
Stat. 4523.)
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
Section applicable to any pending case or any cause of action arising
on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub.
L. 102-572, set out as a note under section 2331 of this title.
18 USC 2337. Suits against Government officials
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No action shall be maintained under section 2333 of this title
against --
(1) the United States, an agency of the United States, or an officer
or employee of the United States or any agency thereof acting within his
or her official capacity or under color of legal authority; or
(2) a foreign state, an agency of a foreign state, or an officer or
employee of a foreign state or an agency thereof acting within his or
her official capacity or under color of legal authority.
(Added Pub. L. 102-572, title X, 1003(a)(4), Oct. 29, 1992, 106
Stat. 4523.)
Section applicable to any pending case or any cause of action arising
on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub.
L. 102-572, set out as a note under section 2331 of this title.
18 USC 2338. Exclusive Federal jurisdiction
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The district courts of the United States shall have exclusive
jurisdiction over an action brought under this chapter.
(Added Pub. L. 102-572, title X, 1003(a)(4), Oct. 29, 1992, 106
Stat. 4524.)
Section applicable to any pending case or any cause of action arising
on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub.
L. 102-572, set out as a note under section 2331 of this title.
18 USC CHAPTER 114 -- TRAFFICKING IN CONTRABAND CIGARETTES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2341. Definitions.
2342. Unlawful acts.
2343. Recordkeeping and inspection.
2344. Penalties.
2345. Effect on State law.
2346. Enforcement and regulations.
18 USC 2341. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) the term ''cigarette'' means --
(A) any roll of tobacco wrapped in paper or in any substance not
containing tobacco; and
(B) any roll of tobacco wrapped in any substance containing tobacco
which, because of its appearance, the type of tobacco used in the
filler, or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette described in subparagraph (A);
(2) the term ''contraband cigarettes'' means a quantity in excess of
60,000 cigarettes, which bear no evidence of the payment of applicable
State cigarette taxes in the State where such cigarettes are found, if
such State requires a stamp, impression, or other indication to be
placed on packages or other containers of cigarettes to evidence payment
of cigarette taxes, and which are in the possession of any person other
than --
(A) a person holding a permit issued pursuant to chapter 52 of the
Internal Revenue Code of 1986 as a manufacturer of tobacco products or
as an export warehouse proprietor, or a person operating a customs
bonded warehouse pursuant to section 311 or 555 of the Tariff Act of
1930 (19 U.S.C. 1311 or 1555) or an agent of such person;
(B) a common or contract carrier transporting the cigarettes involved
under a proper bill of lading or freight bill which states the quantity,
source, and destination of such cigarettes;
(C) a person --
(i) who is licensed or otherwise authorized by the State where the
cigarettes are found to account for and pay cigarette taxes imposed by
such State; and
(ii) who has complied with the accounting and payment requirements
relating to such license or authorization with respect to the cigarettes
involved; or
(D) an officer, employee, or other agent of the United States or a
State, or any department, agency, or instrumentality of the United
States or a State (including any political subdivision of a State)
having possession of such cigarettes in connection with the performance
of official duties;
(3) the term ''common or contract carrier'' means a carrier holding a
certificate of convenience and necessity, a permit for contract carrier
by motor vehicle, or other valid operating authority under subtitle IV
of title 49, or under equivalent operating authority from a regulatory
agency of the United States or of any State;
(4) the term ''State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or the Virgin
Islands; and
(5) the term ''Secretary'' means the Secretary of the Treasury.
(Added Pub. L. 95-575, 1, Nov. 2, 1978, 92 Stat. 2463; amended Pub.
L. 97-449, 5(c), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
Chapter 52 of the Internal Revenue Code of 1986, referred to in par.
(2)(A), is classified generally to chapter 52 ( 5701 et seq.) of Title
26, Internal Revenue Code.
1986 -- Par. (2)(A). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1983 -- Par. (3). Pub. L. 97-449 substituted ''subtitle IV of title
49'' for ''the Interstate Commerce Act''.
Section 4 of Pub. L. 95-575 provided:
''(a) Except as provided in subsection (b), this Act (enacting this
chapter, amending section 1961 of this title and sections 781 and 787 of
Title 49, Appendix, Transportation, and enacting provisions set out as a
note under this section) shall take effect on the date of its enactment
(Nov. 2, 1978).
''(b) Sections 2342(b) and 2343 of title 18, United States Code as
enacted by the first section of this Act, shall take effect on the first
day of the first month beginning more than 120 days after the date of
the enactment of this Act (Nov. 2, 1978).''
Section 5 of Pub. L. 95-575 provided that: ''There are hereby
authorized to be appropriated such sums as may be necessary to carry out
the provisions of chapter 114 of title 18, United States Code, added by
the first section of this Act.''
18 USC 2342. Unlawful acts
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It shall be unlawful for any person knowingly to ship, transport,
receive, possess, sell, distribute, or purchase contraband cigarettes.
(b) It shall be unlawful for any person knowingly to make any false
statement or representation with respect to the information required by
this chapter to be kept in the records of any person who ships, sells,
or distributes any quantity of cigarettes in excess of 60,000 in a
single transaction.
(Added Pub. L. 95-575, 1, Nov. 2, 1978, 92 Stat. 2464.)
Subsec. (a) of this section effective Nov. 2, 1978, and subsec. (b)
of this section effective on first day of first month beginning more
than 120 days after Nov. 2, 1978, see section 4 of Pub. L. 95-575,
set out as a note under section 2341 of this title.
18 USC 2343. Recordkeeping and inspection
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any person who ships, sells, or distributes any quantity of
cigarettes in excess of 60,000 in a single transaction shall maintain
such information about the shipment, receipt, sale, and distribution of
cigarettes as the Secretary may prescribe by rule or regulation. The
Secretary may require such person to keep only --
(1) the name, address, destination (including street address),
vehicle license number, driver's license number, signature of the person
receiving such cigarettes, and the name of the purchaser;
(2) a declaration of the specific purpose of the receipt (personal
use, resale, or delivery to another); and
(3) a declaration of the name and address of the recipient's
principal in all cases when the recipient is acting as an agent.
Such information shall be contained on business records kept in the
normal course of business. Nothing contained herein shall authorize the
Secretary to require reporting under this section.
(b) Upon the consent of any person who ships, sells, or distributes
any quantity of cigarettes in excess of 60,000 in a single transaction,
or pursuant to a duly issued search warrant, the Secretary may enter the
premises (including places of storage) of such person for the purpose of
inspecting any records or information required to be maintained by such
person under this chapter, and any cigarettes kept or stored by such
person at such premises.
(Added Pub. L. 95-575, 1, Nov. 2, 1978, 92 Stat. 2464.)
Section effective on first day of first month beginning more than 120
days after Nov. 2, 1978, see section 4 of Pub. L. 95-575, set out as a
note under section 2341 of this title.
18 USC 2344. Penalties
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever knowingly violates section 2342(a) of this title shall be
fined not more than $100,000 or imprisoned not more than five years, or
both.
(b) Whoever knowingly violates any rule or regulation promulgated
under section 2343(a) or 2346 of this title or violates section 2342(b)
of this title shall be fined not more than $5,000 or imprisoned not more
than three years, or both.
(c) Any contraband cigarettes involved in any violation of the
provisions of this chapter shall be subject to seizure and forfeiture,
and all provisions of the Internal Revenue Code of 1986 relating to the
seizure, forfeiture, and disposition of firearms, as defined in section
5845(a) of such Code, shall, so far as applicable, extend to seizures
and forfeitures under the provisions of this chapter.
(Added Pub. L. 95-575, 1, Nov. 2, 1978, 92 Stat. 2464; amended Pub.
L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
The Internal Revenue Code of 1986, referred to in subsec. (c), is
classified generally to Title 26, Internal Revenue Code.
Section 5845(a) of the Internal Revenue Code of 1986, referred to in
subsec. (c), is classified to section 5845(a) of Title 26.
1986 -- Subsec. (c). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
18 USC 2345. Effect on State law
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Nothing in this chapter shall be construed to affect the
concurrent jurisdiction of a State to enact and enforce cigarette tax
laws, to provide for the confiscation of cigarettes and other property
seized for violation of such laws, and to provide for penalties for the
violation of such laws.
(b) Nothing in this chapter shall be construed to inhibit or
otherwise affect any coordinated law enforcement effort by a number of
States, through interstate compact or otherwise, to provide for the
administration of State cigarette tax laws, to provide for the
confiscation of cigarettes and other property seized in violation of
such laws, and to establish cooperative programs for the administration
of such laws.
(Added Pub. L. 95-575, 1, Nov. 2, 1978, 92 Stat. 2465.)
18 USC 2346. Enforcement and regulations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Secretary, subject to the provisions of section 2343(a) of this
title, shall enforce the provisions of this chapter and may prescribe
such rules and regulations as he deems reasonably necessary to carry out
the provisions of this chapter.
(Added Pub. L. 95-575, 1, Nov. 2, 1978, 92 Stat. 2465.)
18 USC CHAPTER 115 -- TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2381. Treason.
2382. Misprision of treason.
2383. Rebellion or insurrection.
2384. Seditious conspiracy.
2385. Advocating overthrow of Government.
2386. Registration of certain organizations.
2387. Activities affecting armed forces generally.
2388. Activities affecting armed forces during war.
2389. Recruiting for service against United States.
2390. Enlistment to serve against United States.
2391. Temporary extension of section 2388.
1953 -- Act June 30, 1953, ch. 175, 5, 67 Stat. 134, added item
2391.
Wire or oral communications, authorization for interception, to
provide evidence of offenses under this section, see section 2516 of
this title.
title 5 section 8312; title 8
section 1251; title 22 sections 1641k, 1642h; title
42 section 402; title 50 App. section 2017g.
18 USC 2381. Treason
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, owing allegiance to the United States, levies war against
them or adheres to their enemies, giving them aid and comfort within the
United States or elsewhere, is guilty of treason and shall suffer death,
or shall be imprisoned not less than five years and fined not less than
$10,000; and shall be incapable of holding any office under the United
States.
(June 25, 1948, ch. 645, 62 Stat. 807.)
Based on title 18, U.S.C., 1940 ed., 1, 2 (Mar. 4, 1909, ch. 321,
1, 2, 35 Stat. 1088).
Section consolidates sections 1 and 2 of title 18, U.S.C., 1940 ed.
The language referring to collection of the fine was omitted as
obsolete and repugnant to the more humane policy of modern law which
does not impose criminal consequences on the innocent.
The words ''every person so convicted of treason'' were omitted as
redundant.
Minor change was made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Indictment, see rule 7, Appendix to this title.
Release from custody, see rule 46.
Stay of execution and relief pending review, see rule 38.
Trial jurors, peremptory challenges, see rule 24.
Counsel and witnesses in capital cases, see section 3005 of this
title.
Definition and proof of treason, see Const. Art. 3, 3, cl. 1.
Disqualification from holding any office of honor, trust, or profit,
additional grounds for, see sections 592, 593, 1901, 2071, 2385, and
2387 of this title.
Extradition --
State, territory, or possession into extraterritorial jurisdiction of
United States, see section 3183 of this title.
State or territory to State, district or territory, see section 3182
of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
under this section, see section 8312 of Title 5, Government Organization
and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
Grand jury indictment for capital crimes, see Const. Amend. 5.
Indictment and list of jurors and witnesses for prisoner in capital
cases, see section 3432 of this title.
National Service Life Insurance, forfeiture of rights to insurance on
account of treason, see section 1911 of Title 38, Veterans' Benefits.
Officers aiding importation of treasonous books and articles, see
section 552 of this title.
Punishment of treason, power of Congress to declare, see Const. Art.
3, 3, cl. 2.
Release and detention pending judicial proceedings, see section 3141
et seq. of this title.
United States nationality as lost by committing any act of treason,
see sections 1481 to 1489 of Title 8, Aliens and Nationality.
Writings advocating treason declared nonmailable, see section 1717 of
this title.
title 50 App. section 34.
18 USC 2382. Misprision of treason
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, owing allegiance to the United States and having knowledge
of the commission of any treason against them, conceals and does not, as
soon as may be, disclose and make known the same to the President or to
some judge of the United States, or to the governor or to some judge or
justice of a particular State, is guilty of misprision of treason and
shall be fined not more than $1,000 or imprisoned not more than seven
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 807.)
Based on title 18, U.S.C., 1940 ed., 3 (Mar. 4, 1909, ch. 321, 3,
35 Stat. 1088).
Mandatory punishment provision was rephrased in the alternative.
Applicability of section to Canal Zone, see section 14 of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
under this section, see section 8312 of Title 5, Government Organization
and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
Misprision of felony, see section 4 of this title.
50 App. section 34.
18 USC 2383. Rebellion or insurrection
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever incites, sets on foot, assists, or engages in any rebellion
or insurrection against the authority of the United States or the laws
thereof, or gives aid or comfort thereto, shall be fined not more than
$10,000 or imprisoned not more than ten years, or both; and shall be
incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 808.)
Based on title 18, U.S.C., 1940 ed., 4 (Mar. 4, 1909, ch. 321, 4,
35 Stat. 1088).
Word ''moreover'' was deleted as surplusage and minor changes were
made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Disqualification as officers or electors of persons who have engaged
in insurrection or rebellion and removal of disability, see Const.
Amend. 14, 3.
Federal retirement benefits, forfeiture upon conviction of offenses
under this section, see section 8312 of Title 5, Government Organization
and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
Officers aiding importation of books and articles containing matter
advocating insurrection against the United States, see section 552 of
this title.
Writings advocating insurrection declared nonmailable, see section
1717 of this title.
section 6105; title 50 App. section 34.
18 USC 2384. Seditious conspiracy
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
If two or more persons in any State or Territory, or in any place
subject to the jurisdiction of the United States, conspire to overthrow,
put down, or to destroy by force the Government of the United States, or
to levy war against them, or to oppose by force the authority thereof,
or by force to prevent, hinder, or delay the execution of any law of the
United States, or by force to seize, take, or possess any property of
the United States contrary to the authority thereof, they shall each be
fined not more than $20,000 or imprisoned not more than twenty years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, 1,
70 Stat. 623.)
Based on title 18, U.S.C., 1940 ed., 6 (Mar. 4, 1909, ch. 321, 6,
35 Stat. 1089).
1956 -- Act July 24, 1956, substituted ''$20,000'' for ''$5,000'',
and ''twenty years'' for ''six years''.
Section 3 of act July 24, 1956, provided that: ''The foregoing
amendments (amending this section and section 2385 of this title) shall
apply only with respect to offenses committed on and after the date of
the enactment of this Act (July 24, 1956).''
Applicability of section to Canal Zone, see section 14 of this title.
Alien advocates of overthrow of government, exclusion of, see section
1251 of Title 8, Aliens and Nationality.
Conspiracy to commit offense or to defraud United States or to impede
or injure officer, see sections 371 and 372 of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
under this section, see section 8312 of Title 5, Government Organization
and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
Letters and writings containing matter advocating forcible resistance
to any law of United States as nonmailable, see section 1717 of this
title.
Officers aiding importation of books and articles containing matter
advocating forcible resistance to any law of the United States, see
section 552 of this title.
United States nationality as lost by attempting by force to overthrow
or bearing arms against the United States, see sections 1481 to 1489 of
Title 8, Aliens and Nationality.
section 6105; title 50 App. section 34.
18 USC 2385. Advocating overthrow of Government
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly or willfully advocates, abets, advises, or teaches
the duty, necessity, desirability, or propriety of overthrowing or
destroying the government of the United States or the government of any
State, Territory, District or Possession thereof, or the government of
any political subdivision therein, by force or violence, or by the
assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any
such government, prints, publishes, edits, issues, circulates, sells,
distributes, or publicly displays any written or printed matter
advocating, advising, or teaching the duty, necessity, desirability, or
propriety of overthrowing or destroying any government in the United
States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society,
group, or assembly of persons who teach, advocate, or encourage the
overthrow or destruction of any such government by force or violence;
or becomes or is a member of, or affiliates with, any such society,
group, or assembly of persons, knowing the purposes thereof --
Shall be fined not more than $20,000 or imprisoned not more than
twenty years, or both, and shall be ineligible for employment by the
United States or any department or agency thereof, for the five years
next following his conviction.
If two or more persons conspire to commit any offense named in this
section, each shall be fined not more than $20,000 or imprisoned not
more than twenty years, or both, and shall be ineligible for employment
by the United States or any department or agency thereof, for the five
years next following his conviction.
As used in this section, the terms ''organizes'' and ''organize'',
with respect to any society, group, or assembly of persons, include the
recruiting of new members, the forming of new units, and the regrouping
or expansion of existing clubs, classes, and other units of such
society, group, or assembly of persons.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, 2,
70 Stat. 623; June 19, 1962, Pub. L. 87-486, 76 Stat. 103.)
Based on title 18, U.S.C., 1940 ed., 10, 11, 13 (June 28, 1940, ch.
439, title I, 2, 3, 5, 54 Stat. 670, 671).
Section consolidates sections 10, 11, and 13 of title 18, U.S.C.,
1940 ed. Section 13 of title 18, U.S.C., 1940 ed., which contained the
punishment provisions applicable to sections 10 and 11 of title 18,
U.S.C., 1940 ed., was combined with section 11 of title 18, U.S.C., 1940
ed., and added to this section.
In first paragraph, words ''the Government of the United States or
the government of any State, Territory, District or possession thereof,
or the government of any political subdivision therein'' were
substituted for ''any government in the United States''.
In second and third paragraphs, word ''such'' was inserted after
''any'' and before ''government'', and words ''in the United States''
which followed ''government'' were omitted.
In view of these changes, the provisions of subsection (b) of section
10 of title 18, U.S.C., 1940 ed., which defined the term ''government in
the United States'' were omitted as unnecessary.
Reference to conspiracy to commit any of the prohibited acts was
omitted as covered by the general conspiracy provision, incorporated in
section 371 of this title. (See reviser's note under that section.)
Words ''upon conviction thereof'' which preceded ''be fined'' were
omitted as surplusage, as punishment cannot be imposed until a
conviction is secured.
The phraseology was considerably changed to effect consolidation but
without any change of substance.
1962 -- Pub. L. 87-486 defined the terms ''organizes'' and
''organize''.
1956 -- Act July 24, 1956, substituted ''$20,000'' for ''$10,000'',
and ''twenty years'' for ''ten years'' in the paragraph prescribing
penalties applicable to advocating overthrow of government and inserted
provisions relating to conspiracy to commit any offense named in this
section.
Amendment by act July 24, 1956, as applicable only with respect to
offenses committed on and after July 24, 1956, see section 3 of act July
24, 1956, set out as a note under section 2384 of this title.
Applicability of section to Canal Zone, see section 14 of this title.
Alien advocates of overthrow of government, exclusion of, see section
1251 of Title 8, Aliens and Nationality.
Disqualification from holding any office of honor, trust, or profit,
additional grounds for, see sections 592, 593, 1901, 2071, 2381, and
2387 of this title.
Disqualification from holding public office of trust or profit under
Guam government, see section 1421b of Title 48, Territories and Insular
Possessions.
Federal retirement benefits, forfeiture upon conviction of offenses
described hereunder, see section 8312 of Title 5, Government
Organization and Employees.
Forfeiture of veterans' benefits upon conviction under this section
see section 6105 of Title 38, Veterans' Benefits.
United States nationality as lost by attempting by force to overthrow
or bearing arms against the United States, see sections 1481 to 1489 of
Title 8, Aliens and Nationality.
section 6105; title 50 App. section 34.
18 USC 2386. Registration of certain organizations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(A) For the purposes of this section:
''Attorney General'' means the Attorney General of the United States;
''Organization'' means any group, club, league, society, committee,
association, political party, or combination of individuals, whether
incorporated or otherwise, but such term shall not include any
corporation, association, community chest, fund, or foundation,
organized and operated exclusively for religious, charitable,
scientific, literary, or educational purposes;
''Political activity'' means any activity the purpose or aim of
which, or one of the purposes or aims of which, is the control by force
or overthrow of the Government of the United States or a political
subdivision thereof, or any State or political subdivision thereof;
An organization is engaged in ''civilian military activity'' if:
(1) it gives instruction to, or prescribes instruction for, its
members in the use of firearms or other weapons or any substitute
therefor, or military or naval science; or
(2) it receives from any other organization or from any individual
instruction in military or naval science; or
(3) it engages in any military or naval maneuvers or activities; or
(4) it engages, either with or without arms, in drills or parades of
a military or naval character; or
(5) it engages in any other form of organized activity which in the
opinion of the Attorney General constitutes preparation for military
action;
An organization is ''subject to foreign control'' if:
(a) it solicits or accepts financial contributions, loans, or support
of any kind, directly or indirectly, from, or is affiliated directly or
indirectly with, a foreign government or a political subdivision
thereof, or an agent, agency, or instrumentality of a foreign government
or political subdivision thereof, or a political party in a foreign
country, or an international political organization; or
(b) its policies, or any of them, are determined by or at the
suggestion of, or in collaboration with, a foreign government or
political subdivision thereof, or an agent, agency, or instrumentality
of a foreign government or a political subdivision thereof, or a
political party in a foreign country, or an international political
organization.
(B)(1) The following organizations shall be required to register with
the Attorney General:
Every organization subject to foreign control which engages in
political activity;
Every organization which engages both in civilian military activity
and in political activity;
Every organization subject to foreign control which engages in
civilian military activity; and
Every organization, the purpose or aim of which, or one of the
purposes or aims of which, is the establishment, control, conduct,
seizure, or overthrow of a government or subdivision thereof by the use
of force, violence, military measures, or threats of any one or more of
the foregoing.
Every such organization shall register by filing with the Attorney
General, on such forms and in such detail as the Attorney General may by
rules and regulations prescribe, a registration statement containing the
information and documents prescribed in subsection (B)(3) and shall
within thirty days after the expiration of each period of six months
succeeding the filing of such registration statement, file with the
Attorney General, on such forms and in such detail as the Attorney
General may by rules and regulations prescribe, a supplemental statement
containing such information and documents as may be necessary to make
the information and documents previously filed under this section
accurate and current with respect to such preceding six months' period.
Every statement required to be filed by this section shall be
subscribed, under oath, by all of the officers of the organization.
(2) This section shall not require registration or the filing of any
statement with the Attorney General by:
(a) The armed forces of the United States; or
(b) The organized militia or National Guard of any State, Territory,
District, or possession of the United States; or
(c) Any law-enforcement agency of the United States or of any
Territory, District or possession thereof, or of any State or political
subdivision of a State, or of any agency or instrumentality of one or
more States; or
(d) Any duly established diplomatic mission or consular office of a
foreign government which is so recognized by the Department of State;
or
(e) Any nationally recognized organization of persons who are
veterans of the armed forces of the United States, or affiliates of such
organizations.
(3) Every registration statement required to be filed by any
organization shall contain the following information and documents:
(a) The name and post-office address of the organization in the
United States, and the names and addresses of all branches, chapters,
and affiliates of such organization;
(b) The name, address, and nationality of each officer, and of each
person who performs the functions of an officer, of the organization,
and of each branch, chapter, and affiliate of the organization;
(c) The qualifications for membership in the organization;
(d) The existing and proposed aims and purposes of the organization,
and all the means by which these aims or purposes are being attained or
are to be attained;
(e) The address or addresses of meeting places of the organization,
and of each branch, chapter, or affiliate of the organization, and the
times of meetings;
(f) The name and address of each person who has contributed any
money, dues, property, or other thing of value to the organization or to
any branch, chapter, or affiliate of the organization;
(g) A detailed statement of the assets of the organization, and of
each branch, chapter, and affiliate of the organization, the manner in
which such assets were acquired, and a detailed statement of the
liabilities and income of the organization and of each branch, chapter,
and affiliate of the organization;
(h) A detailed description of the activities of the organization, and
of each chapter, branch, and affiliate of the organization;
(i) A description of the uniforms, badges, insignia, or other means
of identification prescribed by the organization, and worn or carried by
its officers or members, or any of such officers or members;
(j) A copy of each book, pamphlet, leaflet, or other publication or
item of written, printed, or graphic matter issued or distributed
directly or indirectly by the organization, or by any chapter, branch,
or affiliate of the organization, or by any of the members of the
organization under its authority or within its knowledge, together with
the name of its author or authors and the name and address of the
publisher;
(k) A description of all firearms or other weapons owned by the
organization, or by any chapter, branch, or affiliate of the
organization, identified by the manufacturer's number thereon;
(l) In case the organization is subject to foreign control, the
manner in which it is so subject;
(m) A copy of the charter, articles of association, constitution,
bylaws, rules, regulations, agreements, resolutions, and all other
instruments relating to the organization, powers, and purposes of the
organization and to the powers of the officers of the organization and
of each chapter, branch, and affiliate of the organization; and
(n) Such other information and documents pertinent to the purposes of
this section as the Attorney General may from time to time require.
All statements filed under this section shall be public records and
open to public examination and inspection at all reasonable hours under
such rules and regulations as the Attorney General may prescribe.
(C) The Attorney General is authorized at any time to make, amend,
and rescind such rules and regulations as may be necessary to carry out
this section, including rules and regulations governing the statements
required to be filed.
(D) Whoever violates any of the provisions of this section shall be
fined not more than $10,000 or imprisoned not more than five years, or
both.
Whoever in a statement filed pursuant to this section willfully makes
any false statement or willfully omits to state any fact which is
required to be stated, or which is necessary to make the statements made
not misleading, shall be fined not more than $2,000 or imprisoned not
more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 808.)
Based on title 18, U.S.C., 1940 ed., 14-17 (Oct. 17, 1940, ch.
897, 1-4, 54 Stat. 1201-1204).
Section consolidates sections 14-17 of title 18, U.S.C., 1940 ed., as
subsections (a), (b), (c), and (d), respectively, of this section, with
necessary changes of phraseology and translation of section references.
Words ''upon conviction'' which preceded ''be subject'' were omitted
as surplusage, as punishment cannot otherwise be imposed.
18 USC 2387. Activities affecting armed forces generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, with intent to interfere with, impair, or influence the
loyalty, morale, or discipline of the military or naval forces of the
United States:
(1) advises, counsels, urges, or in any manner causes or attempts to
cause insubordination, disloyalty, mutiny, or refusal of duty by any
member of the military or naval forces of the United States; or
(2) distributes or attempts to distribute any written or printed
matter which advises, counsels, or urges insubordination, disloyalty,
mutiny, or refusal of duty by any member of the military or naval forces
of the United States --
Shall be fined not more than $10,000 or imprisoned not more than ten
years, or both, and shall be ineligible for employment by the United
States or any department or agency thereof, for the five years next
following his conviction.
(b) For the purposes of this section, the term ''military or naval
forces of the United States'' includes the Army of the United States,
the Navy, Air Force, Marine Corps, Coast Guard, Naval Reserve, Marine
Corps Reserve, and Coast Guard Reserve of the United States; and, when
any merchant vessel is commissioned in the Navy or is in the service of
the Army or the Navy, includes the master, officers, and crew of such
vessel.
(June 25, 1948, ch. 645, 62 Stat. 811; May 24, 1949, ch. 139, 46,
63 Stat. 96.)
Based on title 18, U.S.C., 1940 ed., 9, 11, 13 (June 28, 1940, ch.
439, title I, 1, 3, 5, 54 Stat. 670, 671).
Section consolidates sections 9, 11, and 13 of title 18, U.S.C., 1940
ed., with only such changes of phraseology as were necessary to effect
consolidation.
The revised section extends the provisions so as to include the Coast
Guard Reserve in its coverage.
Words ''upon conviction thereof'' were omitted as unnecessary, as
punishment cannot be imposed until conviction is secured.
Reference to conspiracy to commit any of the prohibited acts was
omitted as covered by the general law incorporated in section 371 of
this title. (See reviser's note under that section.)
Minor changes were made in arrangement and phraseology.
This section (section 46) inserts the words, ''Air Force,'' in
subsection (b) of section 2387 of title 18, U.S.C., in view of the
establishment in 1947 of this separate branch of the armed services.
1949 -- Subsec. (b). Act May 24, 1949, made section applicable to
the Air Force.
Coast Guard transferred to Department of Transportation and
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by Pub. L. 89-670,
Oct. 15, 1966, 80 Stat. 931, which created Department of
Transportation. See section 108 of Title 49, Transportation.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions, by any of such officers, agencies, and employees, by Reorg.
Plan No. 26, of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, set out in the Appendix to Title 5, Government Organization
and Employees. Such plan excepted from transfer functions of Coast
Guard and Commandant thereof when Coast Guard is operating as a part of
the Navy under section 1 and 3 of Title 14, Coast Guard.
Applicability of section to Canal Zone, see section 14 of this title.
Disqualification from holding any office of honor, trust, or profit,
additional grounds for, see sections 592, 593, 1901, 2071, 2381, and
2385 of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
described hereunder, see section 8312 of Title 5, Government
Organization and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
50 App. section 34.
18 USC 2388. Activities affecting armed forces during war
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever, when the United States is at war, willfully makes or
conveys false reports or false statements with intent to interfere with
the operation or success of the military or naval forces of the United
States or to promote the success of its enemies; or
Whoever, when the United States is at war, willfully causes or
attempts to cause insubordination, disloyalty, mutiny, or refusal of
duty, in the military or naval forces of the United States, or willfully
obstructs the recruiting or enlistment service of the United States, to
the injury of the service or the United States, or attempts to do so --
Shall be fined not more than $10,000 or imprisoned not more than
twenty years, or both.
(b) If two or more persons conspire to violate subsection (a) of this
section and one or more such persons do any act to effect the object of
the conspiracy, each of the parties to such conspiracy shall be punished
as provided in said subsection (a).
(c) Whoever harbors or conceals any person who he knows, or has
reasonable grounds to believe or suspect, has committed, or is about to
commit, an offense under this section, shall be fined not more than
$10,000 or imprisoned not more than ten years, or both.
(d) This section shall apply within the admiralty and maritime
jurisdiction of the United States, and on the high seas, as well as
within the United States.
(June 25, 1948, ch. 645, 62 Stat. 811.)
Based on sections 33, 34, 35, 37 of title 50, U.S.C., 1940 ed., War
and National Defense (June 15, 1917, ch. 30, title I, 3, 4, 5, 8, 40
Stat. 219; Mar. 3, 1921, ch. 136, 41 Stat. 1359; Mar. 28, 1940, ch.
72, 2, 54 Stat. 79).
Sections 33, 34, 35, and 37 of title 50, U.S.C., 1940 ed., War and
National Defense, were consolidated. Sections 34, 35, and 37 of title
50, U.S.C., 1940 ed., War and National Defense, are also incorporated in
sections 791, 792, and 794 of this title, to which they relate.
Minor changes were made in phraseology.
Section 7 of act June 30, 1953, ch. 175, 67 Stat. 134, repealed
Joint Res. July 3, 1952, ch. 570, 1(a)(29), 66 Stat. 333; Joint
Res. Mar. 31, 1953, ch. 13, 1, 67 Stat. 18, which had provided that
this section should continue in force until six months after the
termination of the National emergency proclaimed by 1950 Proc. No.
2914 which is set out as a note preceding section 1 of Appendix to Title
50, War and National Defense.
Temporary extension of section, see section 2391 of this title.
Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14,
1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952,
ch. 339, 66 Stat. 96. Intermediate extensions by Joint Res. June 14,
1952, ch. 437, 66 Stat. 137, and Joint Res. June 30, 1952, ch. 526,
66 Stat. 296, which continued provisions until July 3, 1952, expired by
their own terms.
Applicability of section to Canal Zone, see section 14 of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
described hereunder, see section 8312 of Title 5, Government
Organization and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
Jurisdiction of offenses, see section 3241 of this title.
Letters, writings, etc., in violation of this section as nonmailable,
see section 1717 of this title.
this title; title 5 section 8312; title 38 section
6105; title 50 App. sections 19, 34.
18 USC 2389. Recruiting for service against United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever recruits soldiers or sailors within the United States, or in
any place subject to the jurisdiction thereof, to engage in armed
hostility against the same; or
Whoever opens within the United States, or in any place subject to
the jurisdiction thereof, a recruiting station for the enlistment of
such soldiers or sailors to serve in any manner in armed hostility
against the United States --
Shall be fined not more than $1,000 or imprisoned not more than five
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 811.)
Based on title 18, U.S.C., 1940 ed., 7 (Mar. 4, 1909, ch. 321, 7,
35 Stat. 1089).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
described hereunder, see section 8312 of Title 5, Government
Organization and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
18 USC 2390. Enlistment to serve against United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever enlists or is engaged within the United States or in any
place subject to the jurisdiction thereof, with intent to serve in armed
hostility against the United States, shall be fined $100 or imprisoned
not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 812.)
Based on title 18, U.S.C., 1940 ed., 8 (Mar. 4, 1909, ch. 321, 8,
35 Stat. 1089).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Federal retirement benefits, forfeiture upon conviction of offenses
described hereunder, see section 8312 of Title 5, Government
Organization and Employees.
Forfeiture of veterans' benefits upon conviction under this section,
see section 6105 of Title 38, Veterans' Benefits.
18 USC 2391. Temporary extension of section 2388
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisions of section 2388 of this title, as amended and extended
by section 1(a)(29) of the Emergency Powers Continuation Act (66 Stat.
333), as further amended by Public Law 12, Eighty-third Congress, in
addition to coming into full force and effect in time of war shall
remain in full force and effect until six months after the termination
of the national emergency proclaimed by the President on December 16,
1950 (Proc. 2912, 3 C.F.R., 1950 Supp., p. 71), or such earlier date as
may be prescribed by concurrent resolution of the Congress, and acts
which would give rise to legal consequences and penalties under section
2388 when performed during a state of war shall give rise to the same
legal consequences and penalties when they are performed during the
period above provided for.
(Added June 30, 1953, ch. 175, 6, 67 Stat. 134.)
Section 1(a)(29) of the Emergency Powers Continuation Act. (66 Stat.
333), as further amended by Public Law 12, Eighty-third Congress,
referred to in text, formerly set out as a note under section 2388 of
this title, was repealed by section 7 of act June 30, 1953.
(Proc. 2912, 3 C.F.R., 1950 Supp., p. 71), referred to in text, is an
erroneous citation. It probably should refer to Proc. 2914 which is
set out as a note preceding section 1 of Title 50, Appendix, War and
National Defense.
Declaration of national emergency in effect on Sept. 14, 1976, was
terminated two years from that date by section 1601 of Title 50, War and
National Defense.
18 USC CHAPTER 117 -- TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2421. Transportation generally.
2422. Coercion and enticement.
2423. Transportation of minors.
2424. Filing factual statement about alien individual.
1988 -- Pub. L. 100-690, title VII, 7071, Nov. 18, 1988, 102 Stat.
4405, substituted ''individual'' for ''female'' in item 2424.
1986 -- Pub. L. 99-628, 5(a)(1), (b)(2), Nov. 7, 1986, 100 Stat.
3511, substituted ''TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND
RELATED CRIMES'' for ''WHITE SLAVE TRAFFIC'' as chapter heading and
substituted ''and enticement'' for ''or enticement of female'' in item
2422.
1978 -- Pub. L. 95-225, 3(b), Feb. 6, 1978, 92 Stat. 9,
substituted ''Transportation of minors'' for ''Coercion or enticement of
minor female'' in item 2423.
18 USC 2421. Transportation generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly transports any individual in interstate or foreign
commerce, or in any Territory or Possession of the United States, with
intent that such individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal offense,
shall be fined under this title or imprisoned not more than five years,
or both.
(June 25, 1948, ch. 645, 62 Stat. 812; May 24, 1949, ch. 139, 47,
63 Stat. 96; Nov. 7, 1986, Pub. L. 99-628, 5(b)(1), 100 Stat. 3511.)
Based on title 18, U.S.C., 1940 ed., 397, 398, 401, 404 (June 25,
1910, ch. 395, 1, 2, 5, 8, 36 Stat. 825-827).
Section consolidates sections 397, 398, 401, and 404 of title 18,
U.S.C., 1940 ed.
Section 397 of title 18, U.S.C., 1940 ed., containing a definition of
the terms ''interstate commerce'' and ''foreign commerce'' was omitted
as unnecessary in view of the definition of those terms in section 10 of
this title.
Section 401 of title 18, U.S.C., 1940 ed., prescribing venue was
omitted as unnecessary in view of section 3237 of this title.
Section 403 of title 18, U.S.C., 1940 ed., was omitted. No
definition of ''Territory'' is necessary to the revised section as it is
phrased. Construction therein of ''person'' is covered by section 1 of
title 1, U.S.C., 1940 ed., General Provisions, as amended. Last
paragraph of said section relating to construction of this chapter was
omitted as surplusage.
Words ''Possession of the United States'' were inserted in three
places in view of mission of said section 403 of title 18, U.S.C., 1940
ed., and, reference in that section to the Canal Zone is covered by
those words. This chapter applies to the Territory of Hawaii. (See Sun
Chong Lee v. United States, C.C.A. Hawaii, 1942, 125 F. 2d 95.)
Section 404 of title 18, U.S.C., 1940 ed., containing the short title
was omitted as not appropriate in a revision.
Reference to persons causing, procuring, aiding or assisting was
deleted as unnecessary because such persons are made principals by
section 2 of this title.
Words ''and upon conviction thereof'' were also deleted as surplusage
since punishment cannot be imposed until a conviction is secured.
Words ''deemed guilty of a felony'' were deleted as unnecessary in
view of the definition of a felony in section 1 of this title. (See
reviser's note under section 550 of this title.)
Minor changes were also made in translations and phraseology.
This section (section 47) corrects a typographical error in section
2421 of title 18, U.S.C.
1986 -- Pub. L. 99-628 amended section generally. Prior to
amendment, section read as follows:
''Whoever knowingly transports in interstate or foreign commerce, or
in the District of Columbia or in any Territory or Possession of the
United States, any woman or girl for the purpose of prostitution or
debauchery, or for any other immoral purpose, or with the intent and
purpose to induce, entice, or compel such woman or girl to become a
prostitute or to give herself up to debauchery, or to engage in any
other immoral practice; or
''Whoever knowingly procures or obtains any ticket or tickets, or any
form of transportation or evidence of the right thereto, to be used by
any woman or girl in interstate or foreign commerce, or in the District
of Columbia or any Territory or Possession of the United States, in
going to any place for the purpose of prostitution or debauchery, or for
any other immoral purpose, or with the intent or purpose on the part of
such person to induce, entice, or compel her to give herself up to the
practice of prostitution, or to give herself up to debauchery, or any
other immoral practice, whereby any such woman or girl shall be
transported in interstate or foreign commerce, or in the District of
Columbia or any Territory or Possession of the United States --
''Shall be fined not more than $5,000 or imprisoned not more than
five years, or both.''
1949 -- Act May 24, 1949, corrected spelling of ''induce''.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 2422. Coercion and enticement
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly persuades, induces, entices, or coerces any
individual to travel in interstate or foreign commerce, or in any
Territory or Possession of the United States, to engage in prostitution,
or in any sexual activity for which any person can be charged with a
criminal offense, shall be fined under this title or imprisoned not more
than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 812; Nov. 7, 1986, Pub. L.
99-628, 5(b)(1), 100 Stat. 3511; Nov. 18, 1988, Pub. L. 100-690, title
VII, 7070, 102 Stat. 4405.)
Based on title 18, U.S.C., 1940 ed., 399 (June 25, 1910, ch. 395,
3, 36 Stat. 825).
Words ''deemed guilty of a felony'' were deleted as unnecessary in
view of definition of felony in section 1 of this title. (See reviser's
note under section 550 of this title.)
Words ''and on conviction thereof shall be'' were deleted as
surplusage since punishment cannot be imposed until a conviction is
secured.
The references to persons causing, procuring, aiding or assisting
were omitted as unnecessary as such persons are made principals by
section 2 of this title.
Words ''Possession of the United States'' were inserted twice. (See
reviser's note under section 2421 of this title.)
Minor changes were made in phraseology.
1988 -- Pub. L. 100-690 substituted ''or'' for ''of'' before
''foreign commerce''.
1986 -- Pub. L. 99-628 substituted ''and enticement'' for ''or
enticement of female'' in section catchline and amended text generally.
Prior to amendment, text read as follows: ''Whoever knowingly
persuades, induces, entices, or coerces any woman or girl to go from one
place to another in interstate or foreign commerce, or in the District
of Columbia or in any Territory or Possession of the United States, for
the purpose of prostitution or debauchery, or for any other immoral
purpose, or with the intent and purpose on the part of such person that
such woman or girl shall engage in the practice of prostitution or
debauchery, or any other immoral practice, whether with or without her
consent, and thereby knowingly causes such woman or girl to go and to be
carried or transported as a passenger upon the line or route of any
common carrier or carriers in interstate or foreign commerce, or in the
District of Columbia or in any Territory or Possession of the United
States, shall be fined not more than $5,000 or imprisoned not more than
five years, or both.''
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 2423. Transportation of minors
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever knowingly transports any individual under the age of 18 years
in interstate or foreign commerce, or in any Territory or Possession of
the United States, with intent that such individual engage in
prostitution, or in any sexual activity for which any person can be
charged with a criminal offense, shall be fined under this title or
imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 812; Feb. 6, 1978, Pub. L.
95-225, 3(a), 92 Stat. 8; Nov. 7, 1986, Pub. L. 99-628, 5(b)(1), 100
Stat. 3511.)
Based on title 18, U.S.C., 1940 ed., 400 (June 25, 1910, ch. 395,
4, 36 Stat. 826).
Words ''deemed guilty of a felony'' were deleted as unnecessary in
view of definition of felony in section 1 of this title. (See reviser's
note under section 550 of this title.)
Words ''and on conviction thereof shall be'' were deleted as
surplusage since punishment cannot be imposed until a conviction is
secured.
Words ''Possession of the United States'' were inserted twice. (See
reviser's note under section 2421 of this title.)
Minor changes were made in phraseology.
1986 -- Pub. L. 99-628 amended section generally, revising and
restating as one paragraph provisions formerly contained in subsec. (a)
and striking out subsec. (b) which provided definitions.
1978 -- Pub. L. 95-225 substituted ''Transportation of minors'' for
''Coercion or enticement of minor female'' in section catchline,
designated existing provision as subsec. (a), substituted provisions
relating to conduct prohibiting the transportation of minors for
provisions relating to conduct prohibiting the coercion or enticement of
a minor female, and added subsec. (b).
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 2424. Filing factual statement about alien individual
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whoever keeps, maintains, controls, supports, or harbors in any
house or place for the purpose of prostitution, or for any other immoral
purpose, any alien individual within three years after that individual
has entered the United States from any country, party to the arrangement
adopted July 25, 1902, for the suppression of the white-slave traffic,
shall file with the Commissioner of Immigration and Naturalization a
statement in writing setting forth the name of such alien individual,
the place at which that individual is kept, and all facts as to the date
of that individual's entry into the United States, the port through
which that individual entered, that individual's age, nationality, and
parentage, and concerning that individual's procuration to come to this
country within the knowledge of such person; and
Whoever fails within thirty days after commencing to keep, maintain,
control, support, or harbor in any house or place for the purpose of
prostitution, or for any other immoral purpose, any alien individual
within three years after that individual has entered the United States
from any country, party to the said arrangement for the suppression of
the white-slave traffic, to file such statement concerning such alien
individual with the Commissioner of Immigration and Naturalization; or
Whoever knowingly and willfully states falsely or fails to disclose
in such statement any fact within that person's knowledge or belief with
reference to the age, nationality, or parentage of any such alien
individual, or concerning that individual's procuration to come to this
country --
Shall be fined not more than $2,000 or imprisoned not more than two
years, or both.
(b) In any prosecution brought under this section, if it appears that
any such statement required is not on file in the office of the
Commissioner of Immigration and Naturalization, the person whose duty it
is to file such statement shall be presumed to have failed to file said
statement, unless such person or persons shall prove otherwise. No
person shall be excused from furnishing the statement, as required by
this section, on the ground or for the reason that the statement so
required by that person, or the information therein contained, might
tend to criminate that person or subject that person to a penalty or
forfeiture, but no information contained in the statement or any
evidence which is directly or indirectly derived from such information
may be used against any person making such statement in any criminal
case, except a prosecution for perjury, giving a false statement or
otherwise failing to comply with this section.
(June 25, 1948, ch. 645, 62 Stat. 813; Oct. 15, 1970, Pub. L.
91-452, title II, 226, 84 Stat. 930; Nov. 7, 1986, Pub. L. 99-628,
5(c), 100 Stat. 3511.)
Based on title 18, U.S.C., 1940 ed., 402(2), (3) (June 25, 1910, ch.
395, 6, 36 Stat. 826).
First paragraph of section 402 of title 18, U.S.C., 1940 ed., was
omitted from this section and recommended for transfer to Title 8,
Aliens and Nationality.
Words ''shall be deemed guilty of a misdemeanor'' were omitted as
unnecessary in view of the definition of a misdemeanor in section 1 of
this title. (See reviser's note under section 212 of this title.)
Minor changes were made in phraseology.
1986 -- Pub. L. 99-628, 5(c)(1), substituted ''individual'' for
''female'' in section catchline.
Subsec. (a). Pub. L. 99-628, 5(c)(2)-(4), (6), substituted
''individual'' for ''woman or girl'', ''that individual'' for ''she'',
''that individual's'' for ''her'', and ''that person's'' for ''his''
wherever appearing.
Subsec. (b). Pub. L. 99-628, 5(c)(5), substituted ''that person''
for ''him'' wherever appearing.
1970 -- Subsec. (b). Pub. L. 91-452 substituted provisions that no
information contained in the statement or any evidence directly or
indirectly derived from such information be used against any person
making such statement in any criminal case, except a prosecution for
perjury, giving a false statement, or otherwise failing to comply with
this section, for provisions that no person be prosecuted or subjected
to any penalty or forfeiture under any law of the United States for or
on account of any transaction, etc., truthfully reported in his
statement.
Amendment by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual is
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L.
91-452, set out as an Effective Date; Savings Provision note under
section 6001 of this title.
Applicability of section to Canal Zone, see section 14 of this title.
Importation of aliens for immoral purposes as forbidden, see section
1328 of Title 8, Aliens and Nationality.
International agreement signed May 18, 1904, for the suppression of
the white-slave traffic is set forth, with the adherence of the United
States thereto, in 35 Stat. 1979.
Prevention of transportation in foreign commerce of alien women and
girls under international agreement, see section 1557 of Title 8, Aliens
and Nationality.
18 USC CHAPTER 119 -- WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION
AND INTERCEPTION OF ORAL COMMUNICATIONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2510. Definitions.
2511. Interception and disclosure of wire, oral, or electronic
communications prohibited.
2512. Manufacture, distribution, possession, and advertising of
wire, oral, or electronic communication intercepting devices prohibited.
2513. Confiscation of wire, oral, or electronic communication
intercepting devices.
(2514. Repealed.)
2515. Prohibition of use as evidence of intercepted wire or oral
communications.
2516. Authorization for interception of wire, oral, or electronic
communications.
2517. Authorization for disclosure and use of intercepted wire,
oral, or electronic communications.
2518. Procedure for interception of wire, oral, or electronic
communications.
2519. Reports concerning intercepted wire, oral, or electronic
communications.
2520. Recovery of civil damages authorized.
2521. Injunction against illegal interception.
1988 -- Pub. L. 100-690, title VII, 7035, Nov. 18, 1988, 102 Stat.
4398, substituted ''wire, oral, or electronic'' for ''wire or oral'' in
items 2511, 2512, 2513, 2516, 2517, 2518, and 2519.
1986 -- Pub. L. 99-508, title I, 101(c)(2), 110(b), Oct. 21,
1986, 100 Stat. 1851, 1859, inserted ''AND ELECTRONIC COMMUNICATIONS''
in chapter heading and added item 2521.
1970 -- Pub. L. 91-452, title II, 227(b), Oct. 15, 1970, 84 Stat.
930, struck out item 2514 ''Immunity of witnesses'', which section was
repealed four years following the sixtieth day after Oct. 15, 1970.
1968 -- Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat.
212, added chapter 119 and items 2510 to 2520.
18 USC 2510. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) ''wire communication'' means any aural transfer made in whole or
in part through the use of facilities for the transmission of
communications by the aid of wire, cable, or other like connection
between the point of origin and the point of reception (including the
use of such connection in a switching station) furnished or operated by
any person engaged in providing or operating such facilities for the
transmission of interstate or foreign communications or communications
affecting interstate or foreign commerce and such term includes any
electronic storage of such communication, but such term does not include
the radio portion of a cordless telephone communication that is
transmitted between the cordless telephone handset and the base unit;
(2) ''oral communication'' means any oral communication uttered by a
person exhibiting an expectation that such communication is not subject
to interception under circumstances justifying such expectation, but
such term does not include any electronic communication;
(3) ''State'' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States;
(4) ''intercept'' means the aural or other acquisition of the
contents of any wire, electronic, or oral communication through the use
of any electronic, mechanical, or other device.
(5) ''electronic, mechanical, or other device'' means any device or
apparatus which can be used to intercept a wire, oral, or electronic
communication other than --
(a) any telephone or telegraph instrument, equipment or facility, or
any component thereof, (i) furnished to the subscriber or user by a
provider of wire or electronic communication service in the ordinary
course of its business and being used by the subscriber or user in the
ordinary course of its business or furnished by such subscriber or user
for connection to the facilities of such service and used in the
ordinary course of its business; or (ii) being used by a provider of
wire or electronic communication service in the ordinary course of its
business, or by an investigative or law enforcement officer in the
ordinary course of his duties;
(b) a hearing aid or similar device being used to correct subnormal
hearing to not better than normal;
(6) ''person'' means any employee, or agent of the United States or
any State or political subdivision thereof, and any individual,
partnership, association, joint stock company, trust, or corporation;
(7) ''Investigative or law enforcement officer'' means any officer of
the United States or of a State or political subdivision thereof, who is
empowered by law to conduct investigations of or to make arrests for
offenses enumerated in this chapter, and any attorney authorized by law
to prosecute or participate in the prosecution of such offenses;
(8) ''contents'', when used with respect to any wire, oral, or
electronic communication, includes any information concerning the
substance, purport, or meaning of that communication;
(9) ''Judge of competent jurisdiction'' means --
(a) a judge of a United States district court or a United States
court of appeals; and
(b) a judge of any court of general criminal jurisdiction of a State
who is authorized by a statute of that State to enter orders authorizing
interceptions of wire, oral, or electronic communications;
(10) ''communication common carrier'' shall have the same meaning
which is given the term ''common carrier'' by section 153(h) of title 47
of the United States Code;
(11) ''aggrieved person'' means a person who was a party to any
intercepted wire, oral, or electronic communication or a person against
whom the interception was directed;
(12) ''electronic communication'' means any transfer of signs,
signals, writing, images, sounds, data, or intelligence of any nature
transmitted in whole or in part by a wire, radio, electromagnetic,
photoelectronic or photooptical system that affects interstate or
foreign commerce, but does not include --
(A) the radio portion of a cordless telephone communication that is
transmitted between the cordless telephone handset and the base unit;
(B) any wire or oral communication;
(C) any communication made through a tone-only paging device; or
(D) any communication from a tracking device (as defined in section
3117 of this title);
(13) ''user'' means any person or entity who --
(A) uses an electronic communication service; and
(B) is duly authorized by the provider of such service to engage in
such use;
(14) ''electronic communications system'' means any wire, radio,
electromagnetic, photooptical or photoelectronic facilities for the
transmission of electronic communications, and any computer facilities
or related electronic equipment for the electronic storage of such
communications;
(15) ''electronic communication service'' means any service which
provides to users thereof the ability to send or receive wire or
electronic communications;
(16) ''readily accessible to the general public'' means, with respect
to a radio communication, that such communication is not --
(A) scrambled or encrypted;
(B) transmitted using modulation techniques whose essential
parameters have been withheld from the public with the intention of
preserving the privacy of such communication;
(C) carried on a subcarrier or other signal subsidiary to a radio
transmission;
(D) transmitted over a communication system provided by a common
carrier, unless the communication is a tone only paging system
communication; or
(E) transmitted on frequencies allocated under part 25, subpart D, E,
or F of part 74, or part 94 of the Rules of the Federal Communications
Commission, unless, in the case of a communication transmitted on a
frequency allocated under part 74 that is not exclusively allocated to
broadcast auxiliary services, the communication is a two-way voice
communication by radio;
(17) ''electronic storage'' means --
(A) any temporary, intermediate storage of a wire or electronic
communication incidental to the electronic transmission thereof; and
(B) any storage of such communication by an electronic communication
service for purposes of backup protection of such communication; and
(18) ''aural transfer'' means a transfer containing the human voice
at any point between and including the point of origin and the point of
reception.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 212;
amended Pub. L. 99-508, title I, 101(a), (c)(1)(A), (4), Oct. 21,
1986, 100 Stat. 1848, 1851.)
1986 -- Par. (1). Pub. L. 99-508, 101(a)(1), substituted ''any
aural transfer'' for ''any communication'', inserted ''(including the
use of such connection in a switching station)'' after ''reception'',
struck out ''as a common carrier'' after ''person engaged'', and
inserted ''or communications affecting interstate or foreign commerce
and such term includes any electronic storage of such communication, but
such term does not include the radio portion of a cordless telephone
communication that is transmitted between the cordless telephone handset
and the base unit'' before the semicolon at end.
Par. (2). Pub. L. 99-508, 101(a)(2), inserted '', but such term does
not include any electronic communication'' before the semicolon at end.
Par. (4). Pub. L. 99-508, 101(a)(3), inserted ''or other'' after
''aural'' and '', electronic,'' after ''wire''.
Par. (5). Pub. L. 99-508, 101(a)(4), (c)(1)(A), (4), substituted
''wire, oral, or electronic'' for ''wire or oral'' in introductory
provisions, substituted ''provider of wire or electronic communication
service'' for ''communications common carrier'' in subpars. (a)(i) and
(ii), and inserted ''or furnished by such subscriber or user for
connection to the facilities of such service and used in the ordinary
course of its business'' before the semicolon in subpar. (a)(i).
Par. (8). Pub. L. 99-508, 101(a)(5), (c)(1)(A), substituted ''wire,
oral, or electronic'' for ''wire or oral'' and struck out ''identity of
the parties to such communication or the existence,'' after ''concerning
the''.
Pars. (9)(b), (11). Pub. L. 99-508, 101(c)(1)(A), substituted
''wire, oral, or electronic'' for ''wire or oral''.
Pars. (12) to (18). Pub. L. 99-508, 101(a)(6), added pars. (12) to
(18).
Section 111 of title I of Pub. L. 99-508 provided that:
''(a) In General. -- Except as provided in subsection (b) or (c),
this title and the amendments made by this title (enacting sections 2521
and 3117 of this title, amending this section and sections 2232, 2511 to
2513, and 2516 to 2520 of this title, and enacting provisions set out as
notes under this section) shall take effect 90 days after the date of
the enactment of this Act (Oct. 21, 1986) and shall, in the case of
conduct pursuant to a court order or extension, apply only with respect
to court orders or extensions made after this title takes effect.
''(b) Special Rule for State Authorizations of Interceptions. -- Any
interception pursuant to section 2516(2) of title 18 of the United
States Code which would be valid and lawful without regard to the
amendments made by this title shall be valid and lawful notwithstanding
such amendments if such interception occurs during the period beginning
on the date such amendments take effect and ending on the earlier of --
''(1) the day before the date of the taking effect of State law
conforming the applicable State statute with chapter 119 of title 18,
United States Code, as so amended; or
''(2) the date two years after the date of the enactment of this Act
(Oct. 21, 1986).
''(c) Effective Date for Certain Approvals by Justice Department
Officials. -- Section 104 of this Act (amending section 2516 of this
title) shall take effect on the date of enactment of this Act (Oct. 21,
1986).''
Section 1 of Pub. L. 99-508 provided that: ''This Act (enacting
sections 1367, 2521, 2701 to 2710, 3117, and 3121 to 3126 of this title,
amending sections 2232, 2511 to 2513, and 2516 to 2520 of this title,
and enacting provisions set out as notes under this section and sections
2701 and 3121 of this title) may be cited as the 'Electronic
Communications Privacy Act of 1986'.''
Section 107 of Pub. L. 99-508 provided that:
''(a) In General. -- Nothing in this Act or the amendments made by
this Act (see Short Title of 1986 Amendment note above) constitutes
authority for the conduct of any intelligence activity.
''(b) Certain Activities Under Procedures Approved by the Attorney
General. -- Nothing in chapter 119 or chapter 121 of title 18, United
States Code, shall affect the conduct, by officers or employees of the
United States Government in accordance with other applicable Federal
law, under procedures approved by the Attorney General of activities
intended to --
''(1) intercept encrypted or other official communications of United
States executive branch entities or United States Government contractors
for communications security purposes;
''(2) intercept radio communications transmitted between or among
foreign powers or agents of a foreign power as defined by the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); or
''(3) access an electronic communication system used exclusively by a
foreign power or agent of a foreign power as defined by the Foreign
Intelligence Surveillance Act of 1978.''
Section 801 of Pub. L. 90-351 provided that: ''On the basis of its
own investigations and of published studies, the Congress makes the
following findings:
''(a) Wire communications are normally conducted through the use of
facilities which form part of an interstate network. The same
facilities are used for interstate and intrastate communications. There
has been extensive wiretapping carried on without legal sanctions, and
without the consent of any of the parties to the conversation.
Electronic, mechanical, and other intercepting devices are being used to
overhear oral conversations made in private, without the consent of any
of the parties to such communications. The contents of these
communications and evidence derived therefrom are being used by public
and private parties as evidence in court and administrative proceedings,
and by persons whose activities affect interstate commerce. The
possession, manufacture, distribution, advertising, and use of these
devices are facilitated by interstate commerce.
''(b) In order to protect effectively the privacy of wire and oral
communications, to protect the integrity of court and administrative
proceedings, and to prevent the obstruction of interstate commerce, it
is necessary for Congress to define on a uniform basis the circumstances
and conditions under which the interception of wire and oral
communications may be authorized, to prohibit any unauthorized
interception of such communications, and the use of the contents thereof
in evidence in courts and administrative proceedings.
''(c) Organized criminals make extensive use of wire and oral
communications in their criminal activities. The interception of such
communications to obtain evidence of the commission of crimes or to
prevent their commission is an indispensable aid to law enforcement and
the administration of justice.
''(d) To safeguard the privacy of innocent persons, the interception
of wire or oral communications where none of the parties to the
communication has consented to the interception should be allowed only
when authorized by a court of competent jurisdiction and should remain
under the control and supervision of the authorizing court.
Interception of wire and oral communications should further be limited
to certain major types of offenses and specific categories of crime with
assurances that the interception is justified and that the information
obtained thereby will not be misused.''
Section 804 of Pub. L. 90-351, as amended by Pub. L. 91-452, title
XII, 1212, Oct. 15, 1970, 84 Stat. 961; Pub. L. 91-644, title VI,
20, Jan. 2, 1971, 84 Stat. 1892; Pub. L. 93-609, 1-4, Jan. 2,
1975, 88 Stat. 1972, 1973; Pub. L. 94-176, Dec. 23, 1975, 89 Stat.
1031, established a National Commission for the Review of Federal and
State Laws Relating to Wiretapping and Electronic Surveillance, provided
for its membership, Chairman, powers and functions, compensation and
allowances, required the Commission to study and review the operation of
the provisions of this chapter to determine their effectiveness and to
submit interim reports and a final report to the President and to the
Congress of its findings and recommendations on or before Apr. 30,
1976, and also provided for its termination sixty days after submission
of the final report.
18 USC 2511. Interception and disclosure of wire, oral, or electronic
communications prohibited
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(1) Except as otherwise specifically provided in this chapter any
person who --
(a) intentionally intercepts, endeavors to intercept, or procures any
other person to intercept or endeavor to intercept, any wire, oral, or
electronic communication;
(b) intentionally uses, endeavors to use, or procures any other
person to use or endeavor to use any electronic, mechanical, or other
device to intercept any oral communication when --
(i) such device is affixed to, or otherwise transmits a signal
through, a wire, cable, or other like connection used in wire
communication; or
(ii) such device transmits communications by radio, or interferes
with the transmission of such communication; or
(iii) such person knows, or has reason to know, that such device or
any component thereof has been sent through the mail or transported in
interstate or foreign commerce; or
(iv) such use or endeavor to use (A) takes place on the premises of
any business or other commercial establishment the operations of which
affect interstate or foreign commerce; or (B) obtains or is for the
purpose of obtaining information relating to the operations of any
business or other commercial establishment the operations of which
affect interstate or foreign commerce; or
(v) such person acts in the District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of the United States;
(c) intentionally discloses, or endeavors to disclose, to any other
person the contents of any wire, oral, or electronic communication,
knowing or having reason to know that the information was obtained
through the interception of a wire, oral, or electronic communication in
violation of this subsection; or
(d) intentionally uses, or endeavors to use, the contents of any
wire, oral, or electronic communication, knowing or having reason to
know that the information was obtained through the interception of a
wire, oral, or electronic communication in violation of this subsection;
shall be punished as provided in subsection (4) or shall be subject
to suit as provided in subsection (5).
(2)(a)(i) It shall not be unlawful under this chapter for an operator
of a switchboard, or an officer, employee, or agent of a provider of
wire or electronic communication service, whose facilities are used in
the transmission of a wire communication, to intercept, disclose, or use
that communication in the normal course of his employment while engaged
in any activity which is a necessary incident to the rendition of his
service or to the protection of the rights or property of the provider
of that service, except that a provider of wire communication service to
the public shall not utilize service observing or random monitoring
except for mechanical or service quality control checks.
(ii) Notwithstanding any other law, providers of wire or electronic
communication service, their officers, employees, and agents, landlords,
custodians, or other persons, are authorized to provide information,
facilities, or technical assistance to persons authorized by law to
intercept wire, oral, or electronic communications or to conduct
electronic surveillance, as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978, if such provider, its officers,
employees, or agents, landlord, custodian, or other specified person,
has been provided with --
(A) a court order directing such assistance signed by the authorizing
judge, or
(B) a certification in writing by a person specified in section
2518(7) of this title or the Attorney General of the United States that
no warrant or court order is required by law, that all statutory
requirements have been met, and that the specified assistance is
required,
setting forth the period of time during which the provision of the
information, facilities, or technical assistance is authorized and
specifying the information, facilities, or technical assistance
required. No provider of wire or electronic communication service,
officer, employee, or agent thereof, or landlord, custodian, or other
specified person shall disclose the existence of any interception or
surveillance or the device used to accomplish the interception or
surveillance with respect to which the person has been furnished a court
order or certification under this chapter, except as may otherwise be
required by legal process and then only after prior notification to the
Attorney General or to the principal prosecuting attorney of a State or
any political subdivision of a State, as may be appropriate. Any such
disclosure, shall render such person liable for the civil damages
provided for in section 2520. No cause of action shall lie in any court
against any provider of wire or electronic communication service, its
officers, employees, or agents, landlord, custodian, or other specified
person for providing information, facilities, or assistance in
accordance with the terms of a court order or certification under this
chapter.
(b) It shall not be unlawful under this chapter for an officer,
employee, or agent of the Federal Communications Commission, in the
normal course of his employment and in discharge of the monitoring
responsibilities exercised by the Commission in the enforcement of
chapter 5 of title 47 of the United States Code, to intercept a wire or
electronic communication, or oral communication transmitted by radio, or
to disclose or use the information thereby obtained.
(c) It shall not be unlawful under this chapter for a person acting
under color of law to intercept a wire, oral, or electronic
communication, where such person is a party to the communication or one
of the parties to the communication has given prior consent to such
interception.
(d) It shall not be unlawful under this chapter for a person not
acting under color of law to intercept a wire, oral, or electronic
communication where such person is a party to the communication or where
one of the parties to the communication has given prior consent to such
interception unless such communication is intercepted for the purpose of
committing any criminal or tortious act in violation of the Constitution
or laws of the United States or of any State.
(e) Notwithstanding any other provision of this title or section 705
or 706 of the Communications Act of 1934, it shall not be unlawful for
an officer, employee, or agent of the United States in the normal course
of his official duty to conduct electronic surveillance, as defined in
section 101 of the Foreign Intelligence Surveillance Act of 1978, as
authorized by that Act.
(f) Nothing contained in this chapter or chapter 121, or section 705
of the Communications Act of 1934, shall be deemed to affect the
acquisition by the United States Government of foreign intelligence
information from international or foreign communications, or foreign
intelligence activities conducted in accordance with otherwise
applicable Federal law involving a foreign electronic communications
system, utilizing a means other than electronic surveillance as defined
in section 101 of the Foreign Intelligence Surveillance Act of 1978, and
procedures in this chapter or chapter 121 and the Foreign Intelligence
Surveillance Act of 1978 shall be the exclusive means by which
electronic surveillance, as defined in section 101 of such Act, and the
interception of domestic wire and oral communications may be conducted.
(g) It shall not be unlawful under this chapter or chapter 121 of
this title for any person --
(i) to intercept or access an electronic communication made through
an electronic communication system that is configured so that such
electronic communication is readily accessible to the general public;
(ii) to intercept any radio communication which is transmitted --
(I) by any station for the use of the general public, or that relates
to ships, aircraft, vehicles, or persons in distress;
(II) by any governmental, law enforcement, civil defense, private
land mobile, or public safety communications system, including police
and fire, readily accessible to the general public;
(III) by a station operating on an authorized frequency within the
bands allocated to the amateur, citizens band, or general mobile radio
services; or
(IV) by any marine or aeronautical communications system;
(iii) to engage in any conduct which --
(I) is prohibited by section 633 of the Communications Act of 1934;
or
(II) is excepted from the application of section 705(a) of the
Communications Act of 1934 by section 705(b) of that Act;
(iv) to intercept any wire or electronic communication the
transmission of which is causing harmful interference to any lawfully
operating station or consumer electronic equipment, to the extent
necessary to identify the source of such interference; or
(v) for other users of the same frequency to intercept any radio
communication made through a system that utilizes frequencies monitored
by individuals engaged in the provision or the use of such system, if
such communication is not scrambled or encrypted.
(h) It shall not be unlawful under this chapter --
(i) to use a pen register or a trap and trace device (as those terms
are defined for the purposes of chapter 206 (relating to pen registers
and trap and trace devices) of this title); or
(ii) for a provider of electronic communication service to record the
fact that a wire or electronic communication was initiated or completed
in order to protect such provider, another provider furnishing service
toward the completion of the wire or electronic communication, or a user
of that service, from fraudulent, unlawful or abusive use of such
service.
(3)(a) Except as provided in paragraph (b) of this subsection, a
person or entity providing an electronic communication service to the
public shall not intentionally divulge the contents of any communication
(other than one to such person or entity, or an agent thereof) while in
transmission on that service to any person or entity other than an
addressee or intended recipient of such communication or an agent of
such addressee or intended recipient.
(b) A person or entity providing electronic communication service to
the public may divulge the contents of any such communication --
(i) as otherwise authorized in section 2511(2)(a) or 2517 of this
title;
(ii) with the lawful consent of the originator or any addressee or
intended recipient of such communication;
(iii) to a person employed or authorized, or whose facilities are
used, to forward such communication to its destination; or
(iv) which were inadvertently obtained by the service provider and
which appear to pertain to the commission of a crime, if such divulgence
is made to a law enforcement agency.
(4)(a) Except as provided in paragraph (b) of this subsection or in
subsection (5), whoever violates subsection (1) of this section shall be
fined under this title or imprisoned not more than five years, or both.
(b) If the offense is a first offense under paragraph (a) of this
subsection and is not for a tortious or illegal purpose or for purposes
of direct or indirect commercial advantage or private commercial gain,
and the wire or electronic communication with respect to which the
offense under paragraph (a) is a radio communication that is not
scrambled or encrypted, then --
(i) if the communication is not the radio portion of a cellular
telephone communication, a public land mobile radio service
communication or a paging service communication, and the conduct is not
that described in subsection (5), the offender shall be fined under this
title or imprisoned not more than one year, or both; and
(ii) if the communication is the radio portion of a cellular
telephone communication, a public land mobile radio service
communication or a paging service communication, the offender shall be
fined not more than $500.
(c) Conduct otherwise an offense under this subsection that consists
of or relates to the interception of a satellite transmission that is
not encrypted or scrambled and that is transmitted --
(i) to a broadcasting station for purposes of retransmission to the
general public; or
(ii) as an audio subcarrier intended for redistribution to facilities
open to the public, but not including data transmissions or telephone
calls,
is not an offense under this subsection unless the conduct is for the
purposes of direct or indirect commercial advantage or private financial
gain.
(5)(a)(i) If the communication is --
(A) a private satellite video communication that is not scrambled or
encrypted and the conduct in violation of this chapter is the private
viewing of that communication and is not for a tortious or illegal
purpose or for purposes of direct or indirect commercial advantage or
private commercial gain; or
(B) a radio communication that is transmitted on frequencies
allocated under subpart D of part 74 of the rules of the Federal
Communications Commission that is not scrambled or encrypted and the
conduct in violation of this chapter is not for a tortious or illegal
purpose or for purposes of direct or indirect commercial advantage or
private commercial gain,
then the person who engages in such conduct shall be subject to suit
by the Federal Government in a court of competent jurisdiction.
(ii) In an action under this subsection --
(A) if the violation of this chapter is a first offense for the
person under paragraph (a) of subsection (4) and such person has not
been found liable in a civil action under section 2520 of this title,
the Federal Government shall be entitled to appropriate injunctive
relief; and
(B) if the violation of this chapter is a second or subsequent
offense under paragraph (a) of subsection (4) or such person has been
found liable in any prior civil action under section 2520, the person
shall be subject to a mandatory $500 civil fine.
(b) The court may use any means within its authority to enforce an
injunction issued under paragraph (ii)(A), and shall impose a civil fine
of not less than $500 for each violation of such an injunction.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 213;
amended Pub. L. 91-358, title II, 211(a), July 29, 1970, 84 Stat. 654;
Pub. L. 95-511, title II, 201(a)-(c), Oct. 25, 1978, 92 Stat. 1796,
1797; Pub. L. 98-549, 6(b)(2), Oct. 30, 1984, 98 Stat. 2804; Pub. L.
99-508, title I, 101(b), (c)(1), (5), (6), (d), (f)((1)), 102, Oct.
21, 1986, 100 Stat. 1849, 1851-1853.)
The Foreign Intelligence Surveillance Act of 1978, referred to in
par. (2)(e), (f), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783,
which is classified principally to chapter 36 ( 1801 et seq.) of Title
50, War and National Defense. Section 101 of the Foreign Intelligence
Surveillance Act of 1978, referred to in par. (2)(a)(ii), (e), and (f),
is classified to section 1801 of Title 50. For complete classification
of this Act to the Code, see Short Title note set out under section 1801
of Title 50 and Tables.
Sections 633, 705, and 706 of the Communications Act of 1934,
referred to in par. (2)(e), (f), (g)(iii), are classified to sections
553, 605, and 606 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, respectively.
1986 -- Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral'' in section catchline.
Par. (1). Pub. L. 99-508, 101(c)(1)(A), (d)(1), (f)((1)),
substituted ''intentionally'' for ''willfully'' in subpars. (a) to (d)
and ''wire, oral, or electronic' for ''wire or oral'' wherever appearing
in subpars. (a), (c), and (d), and in concluding provisions substituted
''shall be punished as provided in subsection (4) or shall be subject to
suit as provided in subsection (5)'' for ''shall be fined not more than
$10,000 or imprisoned not more than five years, or both''.
Par. (2)(a)(i). Pub. L. 99-508, 101(c)(5), substituted ''a provider
of wire or electronic communication service'' for ''any communication
common carrier'' and ''of the provider of that service, except that a
provider of wire communication service to the public'' for ''of the
carrier of such communication: Provided, That said communication common
carriers''.
Par. (2)(a)(ii). Pub. L. 99-508, 101(b)(1), (c)(1)(A), (6),
substituted ''providers of wire or electronic communication service''
for ''communication common carriers'', ''wire, oral, or electronic'' for
''wire or oral'', ''if such provider'' for ''if the common carrier'',
''provider of wire or electronic communication service'' for
''communication common carrier'' wherever appearing, ''such disclosure''
for ''violation of this subparagraph by a communication common carrier
or an officer, employee, or agent thereof'', ''render such person
liable'' for ''render the carrier liable'', and ''a court order or
certification under this chapter'' for ''an order or certification under
this subparagraph'' in two places.
Par. (2)(b). Pub. L. 99-508, 101(c)(1)(B), inserted ''or
electronic'' after ''wire''.
Par. (2)(c). Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral,
or electronic'' for ''wire or oral''.
Par. (2)(d). Pub. L. 99-508, 101(b)(2), (c)(1)(A), substituted
''wire, oral, or electronic'' for ''wire or oral'' and struck out ''or
for the purpose of committing any other injurious act'' after ''of any
State''.
Par. (2)(f). Pub. L. 99-508, 101(b)(3), inserted ''or chapter 121''
in two places and substituted ''foreign communications, or foreign
intelligence activities conducted in accordance with otherwise
applicable Federal law involving a foreign electronic communications
system, utilizing a means'' for ''foreign communications by a means''.
Par. (2)(g), (h). Pub. L. 99-508, 101(b)(4), added subpars. (g)
and (h).
Par. (3). Pub. L. 99-508, 102, added par. (3).
Pars. (4), (5). Pub. L. 99-508, 101(d)(2), added pars. (4) and
(5).
1984 -- Par. (2)(e). Pub. L. 98-549, 6(b)(2)(A), substituted
''section 705 or 706'' for ''section 605 or 606''.
Par. (2)(f). Pub. L. 98-549, 6(b)(2)(B), substituted ''section 705''
for ''section 605''.
1978 -- Par. (2)(a)(ii). Pub. L. 95-511, 201(a), substituted
provisions authorizing communication common carriers etc., to provide
information to designated persons, prohibiting disclosure of intercepted
information, and rendering violators civilly liable for provision
exempting communication common carriers from criminality for giving
information to designated officers.
Par. (2)(e), (f). Pub. L. 95-511, 201(b), added par. (2)(e) and
(f).
Par. (3). Pub. L. 95-511, 201(c), struck out par. (3) which
provided that nothing in this chapter or section 605 of title 47 limited
the President's constitutional power to gather necessary intelligence to
protect the national security and stated the conditions necessary for
the reception into evidence and disclosure of communications intercepted
by the President.
1970 -- Par. (2)(a). Pub. L. 91-358 designated existing provisions
as cl. (i) and added cl. (ii).
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
Amendment by Pub. L. 98-549 effective 60 days after Oct. 30, 1984,
see section 9(a) of Pub. L. 98-549, set out as an Effective Date note
under section 521 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs.
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 301 of Pub. L. 95-511, set out as an
Effective Date note under section 1801 of Title 50, War and National
Defense.
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 901(a) of
Pub. L. 91-358.
18 USC 2512. Manufacture, distribution, possession, and advertising of
wire, oral, or electronic communication intercepting devices prohibited
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(1) Except as otherwise specifically provided in this chapter, any
person who intentionally --
(a) sends through the mail, or sends or carries in interstate or
foreign commerce, any electronic, mechanical, or other device, knowing
or having reason to know that the design of such device renders it
primarily useful for the purpose of the surreptitious interception of
wire, oral, or electronic communications;
(b) manufactures, assembles, possesses, or sells any electronic,
mechanical, or other device, knowing or having reason to know that the
design of such device renders it primarily useful for the purpose of the
surreptitious interception of wire, oral, or electronic communications,
and that such device or any component thereof has been or will be sent
through the mail or transported in interstate or foreign commerce; or
(c) places in any newspaper, magazine, handbill, or other publication
any advertisement of --
(i) any electronic, mechanical, or other device knowing or having
reason to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of wire, oral,
or electronic communications; or
(ii) any other electronic, mechanical, or other device, where such
advertisement promotes the use of such device for the purpose of the
surreptitious interception of wire, oral, or electronic communications,
knowing or having reason to know that such advertisement will be sent
through the mail or transported in interstate or foreign commerce,
shall be fined not more than $10,000 or imprisoned not more than five
years, or both.
(2) It shall not be unlawful under this section for --
(a) a provider of wire or electronic communication service or an
officer, agent, or employee of, or a person under contract with, such a
provider, in the normal course of the business of providing that wire or
electronic communication service, or
(b) an officer, agent, or employee of, or a person under contract
with, the United States, a State, or a political subdivision thereof, in
the normal course of the activities of the United States, a State, or a
political subdivision thereof, to send through the mail, send or carry
in interstate or foreign commerce, or manufacture, assemble, possess, or
sell any electronic, mechanical, or other device knowing or having
reason to know that the design of such device renders it primarily
useful for the purpose of the surreptitious interception of wire, oral,
or electronic communications.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 214;
amended Pub. L. 99-508, title I, 101(c)(1)(A), (7), (f)(2), Oct. 21,
1986, 100 Stat. 1851, 1853.)
1986 -- Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral'' in section catchline.
Par. (1). Pub. L. 99-508, 101(c)(1)(A), (f)(2), substituted
''intentionally'' for ''willfully'' in introductory provision and
''wire, oral, or electronic'' for ''wire or oral'' in subpars. (a),
(b), and (c)(i), (ii).
Par. (2)(a). Pub. L. 99-508, 101(c)(7), substituted ''a provider of
wire or electronic communication service or'' for ''a communications
common carrier or'', ''such a provider, in'' for ''a communications
common carrier, in'', and ''business of providing that wire or
electronic communication service'' for ''communications common carrier's
business''.
Par. (2)(b). Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral,
or electronic'' for ''wire or oral''.
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
18 USC 2513. Confiscation of wire, oral, or electronic communication
intercepting devices
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Any electronic, mechanical, or other device used, sent, carried,
manufactured, assembled, possessed, sold, or advertised in violation of
section 2511 or section 2512 of this chapter may be seized and forfeited
to the United States. All provisions of law relating to (1) the
seizure, summary and judicial forfeiture, and condemnation of vessels,
vehicles, merchandise, and baggage for violations of the customs laws
contained in title 19 of the United States Code, (2) the disposition of
such vessels, vehicles, merchandise, and baggage or the proceeds from
the sale thereof, (3) the remission or mitigation of such forfeiture,
(4) the compromise of claims, and (5) the award of compensation to
informers in respect of such forfeitures, shall apply to seizures and
forfeitures incurred, or alleged to have been incurred, under the
provisions of this section, insofar as applicable and not inconsistent
with the provisions of this section; except that such duties as are
imposed upon the collector of customs or any other person with respect
to the seizure and forfeiture of vessels, vehicles, merchandise, and
baggage under the provisions of the customs laws contained in title 19
of the United States Code shall be performed with respect to seizure and
forfeiture of electronic, mechanical, or other intercepting devices
under this section by such officers, agents, or other persons as may be
authorized or designated for that purpose by the Attorney General.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 215;
amended Pub. L. 99-508, title I, 101(c)(1)(A), Oct. 21, 1986, 100
Stat. 1851.)
1986 -- Pub. L. 99-508 substituted ''wire, oral, or electronic'' for
''wire or oral'' in section catchline.
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
18 USC ( 2514. Repealed. Pub. L. 91-452, title II, 227(a), Oct. 15,
1970, 84 Stat. 930)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, Pub. L. 90-351, title II, 802, June 19, 1968, 82 Stat.
216, provided for immunity of witnesses giving testimony or producing
evidence under compulsion in Federal grand jury or court proceedings.
Subject matter is covered in sections 6002 and 6003 of this title.
Sections 227(a) and 260 of Pub. L. 91-452 provided for repeal of
this section effective four years following sixtieth day after date of
enactment of Pub. L. 91-452, which was approved Oct. 15, 1970, such
repeal not affecting any immunity to which any individual was entitled
under this section by reason of any testimony or other information given
before such date. See section 260 of Pub. L. 91-452, set out as an
Effective Date; Savings Provision note under section 6001 of this
title.
18 USC 2515. Prohibition of use as evidence of intercepted wire or
oral communications
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever any wire or oral communication has been intercepted, no part
of the contents of such communication and no evidence derived therefrom
may be received in evidence in any trial, hearing, or other proceeding
in or before any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority of the United
States, a State, or a political subdivision thereof if the disclosure of
that information would be in violation of this chapter.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat.
216.)
18 USC 2516. Authorization for interception of wire, oral, or
electronic communications
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(1) The Attorney General, Deputy Attorney General, Associate Attorney
General, /1/ or any Assistant Attorney General, any acting Assistant
Attorney General, or any Deputy Assistant Attorney General in the
Criminal Division specially designated by the Attorney General, may
authorize an application to a Federal judge of competent jurisdiction
for, and such judge may grant in conformity with section 2518 of this
chapter an order authorizing or approving the interception of wire or
oral communications by the Federal Bureau of Investigation, or a Federal
agency having responsibility for the investigation of the offense as to
which the application is made, when such interception may provide or has
provided evidence of --
(a) any offense punishable by death or by imprisonment for more than
one year under sections 2274 through 2277 of title 42 of the United
States Code (relating to the enforcement of the Atomic Energy Act of
1954), section 2284 of title 42 of the United States Code (relating to
sabotage of nuclear facilities or fuel), or under the following chapters
of this title: chapter 37 (relating to espionage), chapter 105
(relating to sabotage), chapter 115 (relating to treason), chapter 102
(relating to riots), chapter 65 (relating to malicious mischief),
chapter 111 (relating to destruction of vessels), or chapter 81
(relating to piracy);
(b) a violation of section 186 or section 501(c) of title 29, United
States Code (dealing with restrictions on payments and loans to labor
organizations), or any offense which involves murder, kidnapping,
robbery, or extortion, and which is punishable under this title;
(c) any offense which is punishable under the following sections of
this title: section 201 (bribery of public officials and witnesses),
section 215 (relating to bribery of bank officials), section 224
(bribery in sporting contests), subsection (d), (e), (f), (g), (h), or
(i) of section 844 (unlawful use of explosives), section 1032 (relating
to concealment of assets), section 1084 (transmission of wagering
information), section 751 (relating to escape), section 1014 (relating
to loans and credit applications generally; renewals and discounts),
sections 1503, 1512, and 1513 (influencing or injuring an officer,
juror, or witness generally), section 1510 (obstruction of criminal
investigations), section 1511 (obstruction of State or local law
enforcement), section 1751 (Presidential and Presidential staff
assassination, kidnaping, and assault), section 1951 (interference with
commerce by threats or violence), section 1952 (interstate and foreign
travel or transportation in aid of racketeering enterprises), section
1958 (relating to use of interstate commerce facilities in the
commission of murder for hire), section 1959 (relating to violent crimes
in aid of racketeering activity), section 1954 (offer, acceptance, or
solicitation to influence operations of employee benefit plan), section
1955 (prohibition of business enterprises of gambling), section 1956
(laundering of monetary instruments), section 1957 (relating to engaging
in monetary transactions in property derived from specified unlawful
activity), section 659 (theft from interstate shipment), section 664
(embezzlement from pension and welfare funds), section 1343 (fraud by
wire, radio, or television), section 1344 (relating to bank fraud),
sections 2251 and 2252 (sexual exploitation of children), sections 2312,
2313, 2314, and 2315 (interstate transportation of stolen property),
section 2321 (relating to trafficking in certain motor vehicles or motor
vehicle parts), section 1203 (relating to hostage taking), section 1029
(relating to fraud and related activity in connection with access
devices), section 3146 (relating to penalty for failure to appear),
section 3521(b)(3) (relating to witness relocation and assistance),
section 32 (relating to destruction of aircraft or aircraft facilities),
section 1963 (violations with respect to racketeer influenced and
corrupt organizations), section 115 (relating to threatening or
retaliating against a Federal official), and section 1341 (relating to
mail fraud), section 351 (violations with respect to congressional,
Cabinet, or Supreme Court assassinations, kidnaping, and assault),
section 831 (relating to prohibited transactions involving nuclear
materials), section 33 (relating to destruction of motor vehicles or
motor vehicle facilities), section 175 (relating to biological weapons),
or section 1992 (relating to wrecking trains);
(d) any offense involving counterfeiting punishable under section
471, 472, or 473 of this title;
(e) any offense involving fraud connected with a case under title 11
or the manufacture, importation, receiving, concealment, buying,
selling, or otherwise dealing in narcotic drugs, marihuana, or other
dangerous drugs, punishable under any law of the United States;
(f) any offense including extortionate credit transactions under
sections 892, 893, or 894 of this title;
(g) a violation of section 5322 of title 31, United States Code
(dealing with the reporting of currency transactions);
(h) any felony violation of sections 2511 and 2512 (relating to
interception and disclosure of certain communications and to certain
intercepting devices) of this title;
(i) any felony violation of chapter 71 (relating to obscenity) of
this title;
(j) any violation of section 11(c)(2) of the Natural Gas Pipeline
Safety Act of 1968 (relating to destruction of a natural gas pipeline)
or subsection (i) or (n) of section 902 of the Federal Aviation Act of
1958 (relating to aircraft piracy);
(k) any criminal violation of section 2778 of title 22 (relating to
the Arms Export Control Act);
(l) the location of any fugitive from justice from an offense
described in this section; or /2/
(m) any felony violation of sections 922 and 924 of title 18, United
States Code (relating to firearms);
(n) any violation of section 5861 of the Internal Revenue Code of
1986 (relating to firearms); and /3/
(o) any conspiracy to commit any offense described in any
subparagraph of this paragraph.
(2) The principal prosecuting attorney of any State, or the principal
prosecuting attorney of any political subdivision thereof, if such
attorney is authorized by a statute of that State to make application to
a State court judge of competent jurisdiction for an order authorizing
or approving the interception of wire, oral, or electronic
communications, may apply to such judge for, and such judge may grant in
conformity with section 2518 of this chapter and with the applicable
State statute an order authorizing, or approving the interception of
wire, oral, or electronic communications by investigative or law
enforcement officers having responsibility for the investigation of the
offense as to which the application is made, when such interception may
provide or has provided evidence of the commission of the offense of
murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in
narcotic drugs, marihuana or other dangerous drugs, or other crime
dangerous to life, limb, or property, and punishable by imprisonment for
more than one year, designated in any applicable State statute
authorizing such interception, or any conspiracy to commit any of the
foregoing offenses.
(3) Any attorney for the Government (as such term is defined for the
purposes of the Federal Rules of Criminal Procedure) may authorize an
application to a Federal judge of competent jurisdiction for, and such
judge may grant, in conformity with section 2518 of this title, an order
authorizing or approving the interception of electronic communications
by an investigative or law enforcement officer having responsibility for
the investigation of the offense as to which the application is made,
when such interception may provide or has provided evidence of any
Federal felony.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 216;
amended Pub. L. 91-452, title VIII, 810, title IX, 902(a), title XI,
1103, Oct. 15, 1970, 84 Stat. 940, 947, 959; Pub. L. 91-644, title IV,
16, Jan. 2, 1971, 84 Stat. 1891; Pub. L. 95-598, title III, 314(h),
Nov. 6, 1978, 92 Stat. 2677; Pub. L. 97-285, 2(e), 4(e), Oct. 6,
1982, 96 Stat. 1220, 1221; Pub. L. 98-292, 8, May 21, 1984, 98 Stat.
206; Pub. L. 98-473, title II, 1203(c), Oct. 12, 1984, 98 Stat. 2152;
Pub. L. 99-508, title I, 101(c)(1)(A), 104, 105, Oct. 21, 1986, 100
Stat. 1851, 1855; Pub. L. 99-570, title I, 1365(c), Oct. 27, 1986, 100
Stat. 3207-35; Pub. L. 100-690, title VI, 6461, title VII, 7036,
7053(d), 7525, Nov. 18, 1988, 102 Stat. 4374, 4399, 4402, 4502; Pub.
L. 101-298, 3(b), May 22, 1990, 104 Stat. 203; Pub. L. 101-647, title
XXV, 2531, title XXXV, 3568, Nov. 29, 1990, 104 Stat. 4879, 4928.)
The Atomic Energy Act of 1954, referred to in par. (1)(a), is act
Aug. 30, 1954, ch. 1073, 68 Stat. 921, as amended, which is
classified generally to chapter 23 ( 2011 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 2011 of Title 42
and Tables.
Section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968,
referred to in par. (1)(j), is classified to section 1679a(c)(2) of
Title 49, Appendix, Transportation.
Section 902 of the Federal Aviation Act of 1958, referred to in par.
(1)(j), is classified to section 1472 of Title 49, Appendix.
The Arms Export Control Act, referred to in par. (1)(k), is Pub. L.
90-269, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified
principally to chapter 39 ( 2751 et seq.) of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act to the Code,
see Short Title note set out under section 2751 of Title 22 and Tables.
Section 5861 of the Internal Revenue Code of 1986, referred to in
par. (1)(n), is classified to section 5861 of Title 26, Internal
Revenue Code.
The Federal Rules of Criminal Procedure, referred to in par. (3),
are set out in the Appendix to this title.
1990 -- Par. (1)(c). Pub. L. 101-647, 2531(1), inserted ''section
215 (relating to bribery of bank officials),'' before ''section 224'',
''section 1032 (relating to concealment of assets),'' before section
1084, ''section 1014 (relating to loans and credit applications
generally; renewals and discounts),'' before ''sections 1503,'' and
''section 1344 (relating to bank fraud),'' before ''sections 2251 and
2252'' and struck out ''the section in chapter 65 relating to
destruction of an energy facility,'' after ''retaliating against a
Federal official),''.
Pub. L. 101-298, which directed the insertion of ''section 175
(relating to biological weapons),'' after ''section 33 (relating to
destruction of motor vehicles or motor vehicle facilities),'' in subsec.
(c), was executed by making the insertion in par. (1)(c) as the
probable intent of Congress.
Par. (1)(j). Pub. L. 101-647, 3568, which directed amendment of
subsec. (j) by substituting ''any violation of section 11(c)(2) of the
Natural Gas Pipeline Safety Act of 1968 (relating to destruction of a
natural gas pipeline) or section 902(i) or (n) of the Federal Aviation
Act of 1958 (relating to aircraft piracy)'' for ''any violation of
section 1679a(c)(2) (relating to destruction of a natural gas pipeline)
or subsection (i) or (n) of section 1472 (relating to aircraft piracy)
of title 49, of the United States Code'', was probably intended as an
amendment to par. (1)(j), but could not be executed because the
language to be struck out did not appear following execution of
amendment by Pub. L. 101-647, 2531(3). See below.
Pub. L. 101-647, 2531(3), which directed substitution of ''any
violation of section 11(c)(2) of the Natural Gas Pipeline Safety Act of
1968 (relating to destruction of a natural gas pipeline) or subsection
(i) or (n) of section 902 of the Federal Aviation Act of 1958 (relating
to aircraft piracy)'' for ''any violation of section 1679a(c)(2)
(relating to destruction of a natural gas pipeline) or subsection (i) or
(n) of section 1472 (relating to aircraft piracy) of title 49, of the
United States Code'', was executed by making the substitution for ''any
violation of section 1679a(c)(2) (relating to destruction of a natural
gas pipeline) or subsection (i) or (n) of section 1472 (relating to
aircraft piracy) of title 49, of the United States Code'' to reflect the
probable intent of Congress.
Par. (1)(m). Pub. L. 101-647, 2531(2)(A), struck out subpar. (m)
relating to conspiracy which read as follows: ''any conspiracy to
commit any of the foregoing offenses.''
Par. (1)(o). Pub. L. 101-647, 2531(2)(B)-(D), added subpar. (o).
1988 -- Par. (1). Pub. L. 100-690, 7036(a)(1), inserted ''or''
after ''Associate Attorney General,'' in introductory provisions.
Par. (1)(a). Pub. L. 100-690, 7036(c)(1), which directed the
amendment of subpar. (a) by substituting ''(relating to riots),'' for
''(relating to riots);'' was executed by substituting ''(relating to
riots),'' for ''(relating to riots)'' as the probable intent of
Congress.
Par. (1)(c). Pub. L. 100-690, 7053(d), which directed the amendment
of section 2516(c) by substituting ''1958'' for ''1952A'' and ''1959''
for ''1952B'' was executed by making the substitutions in par. (1)(c)
as the probable intent of Congress.
Pub. L. 100-690, 7036(b), struck out ''section 2252 or 2253 (sexual
exploitation of children),'' after ''wire, radio, or television),'' and
substituted ''section 2321'' for ''the second section 2320''.
Pub. L. 100-690, 7036(a)(2), which directed the amendment of par.
(1) by striking the comma that follows a comma was executed to subpar.
(c) by striking out the second comma after ''to mail fraud)''.
Par. (1)(i). Pub. L. 100-690, 7525, added subpar. (i) and
redesignated former subpar. (i) as (j).
Par. (1)(j). Pub. L. 100-690, 7525, redesignated former subpar. (i)
as (j). Former subpar. (j) redesignated (k).
Pub. L. 100-690, 7036(c)(2), which directed amendment of subpar.
(j) by striking ''or;'' was executed by striking ''or'' after ''Export
Control Act);'' to reflect the probable intent of Congress.
Par. (1)(k). Pub. L. 100-690, 7525, redesignated former subpar. (j)
as (k). Former subpar. (k) redesignated (l).
Pub. L. 100-690, 7036(c)(3), struck out ''or'' at end.
Par. (1)(l). Pub. L. 100-690, 7525, redesignated former subpar. (k)
as (l). Former subpar. (l) redesignated (m).
Par. (1)(m). Pub. L. 100-690, 7525, redesignated former subpar. (l)
relating to conspiracy as (m).
Pub. L. 100-690, 6461, added subpar. (m) relating to sections 922
and 924.
Par. (1)(n). Pub. L. 100-690, 6461, added subpar. (n).
1986 -- Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral'' in section catchline.
Par. (1). Pub. L. 99-508, 104, substituted ''any Assistant Attorney
General, any acting Assistant Attorney General, or any Deputy Assistant
Attorney General in the Criminal Division'' for ''or any Assistant
Attorney General'' in introductory provisions.
Par. (1)(a). Pub. L. 99-508, 105(a)(5), inserted ''section 2284 of
title 42 of the United States Code (relating to sabotage of nuclear
facilities or fuel),'' struck out ''or'' after ''(relating to
treason),'' and inserted ''chapter 65 (relating to malicious mischief),
chapter 111 (relating to destruction of vessels), or chapter 81
(relating to piracy)''.
Par. (1)(c). Pub. L. 99-570, which directed the amendment of subpar.
(c) by inserting ''section 1956 (laundering of monetary instruments),
section 1957 (relating to engaging in monetary transactions in property
derived from specified unlawful activity),'' after ''section 1955
(prohibition of relating to business enterprises of gambling),'' was
executed by inserting this phrase after ''section 1955 (prohibition of
business enterprises of gambling),'' as the probable intent of Congress.
Pub. L. 99-508, 105(a)(1), inserted ''section 751 (relating to
escape),'' ''the second section 2320 (relating to trafficking in certain
motor vehicles or motor vehicle parts), section 1203 (relating to
hostage taking), section 1029 (relating to fraud and related activity in
connection with access devices), section 3146 (relating to penalty for
failure to appear), section 3521(b)(3) (relating to witness relocation
and assistance), section 32 (relating to destruction of aircraft or
aircraft facilities),'' and ''section 1952A (relating to use of
interstate commerce facilities in the commission of murder for hire),
section 1952B (relating to violent crimes in aid of racketeering
activity),'' substituted ''2312, 2313, 2314,'' for ''2314'', inserted
'', section 115 (relating to threatening or retaliating against a
Federal official), the section in chapter 65 relating to destruction of
an energy facility, and section 1341 (relating to mail fraud),''
substituted '', section 351'' for ''or section 351'', and inserted '',
section 831 (relating to prohibited transactions involving nuclear
materials), section 33 (relating to destruction of motor vehicles or
motor vehicle facilities), or section 1992 (relating to wrecking
trains)''.
Par. (1)(h) to (l). Pub. L. 99-508, 105(a)(2)-(4), added subpars.
(h) to (k) and redesignated former subpar. (h) as (l).
Par. (2). Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral'' in two places.
Par. (3). Pub. L. 99-508, 105(b), added par. (3).
1984 -- Par. (1). Pub. L. 98-473, 1203(c)(4), which directed the
amendment of the first par. of par. (1) by inserting ''Deputy Attorney
General, Associate Attorney General,'' after ''Attorney General.'' was
executed by making the insertion after the first reference to ''Attorney
General,'' to reflect the probable intent of Congress.
Par. (1)(c). Pub. L. 98-473, 1203(c)(2), inserted references to
sections 1512 and 1513 after ''1503''.
Pub. L. 98-473, 1203(c)(1), inserted ''section 1343 (fraud by wire,
radio, or television), section 2252 or 2253 (sexual exploitation of
children),'' after ''section 664 (embezzlement from pension and welfare
funds),''.
Pub. L. 98-292 inserted ''sections 2251 and 2252 (sexual exploitation
of children),'' after ''section 664 (embezzlement from pension and
welfare funds),''.
Par. (1)(g), (h). Pub. L. 98-473, 1203(c)(3), added par. (g) and
redesignated former par. (g) as (h).
1982 -- Par. (1)(c). Pub. L. 97-285 substituted ''(Presidential and
Presidential staff assassination, kidnaping, and assault)'' for
''(Presidential assassinations, kidnapping, and assault)'' after
''section 1751'' and substituted ''(violations with respect to
congressional, Cabinet, or Supreme Court assassinations, kidnaping, and
assault)'' for ''(violations with respect to congressional
assassination, kidnapping, and assault)'' after ''section 351''.
1978 -- Par. (1)(e). Pub. L. 95-598 substituted ''fraud connected
with a case under title 11'' for ''bankruptcy fraud''.
1971 -- Par. (1)(c). Pub. L. 91-644 inserted reference to section
351 offense (violations with respect to congressional assassination,
kidnaping, and assault).
1970 -- Par. (1)(c). Pub. L. 91-452 inserted reference to sections
844(d), (e), (f), (g), (h), or (i), 1511, 1955, and 1963 of this title.
Amendment by sections 101(c)(1)(A) and 105 of Pub. L. 99-508
effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant
to court order or extension, applicable only with respect to court
orders and extensions made after such date, with special rule for State
authorizations of interceptions pursuant to section 2516(2) of this
title, and amendment by section 104 of Pub. L. 99-508 effective Oct.
21, 1986, see section 111 of Pub. L. 99-508, set out as a note under
section 2510 of this title.
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 ( 151 et seq.), chapter 96 ( 1961 et seq.), or
section 2516, 3057, or 3284 of this title to any act of any person (1)
committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in
connection with a case commenced before such date, see section 403(d) of
Pub. L. 95-598, set out as a note preceding section 101 of Title 11,
Bankruptcy.
/1/ See 1984 Amendment note below.
/2/ So in original. The word ''or'' probably should not appear.
/3/ So in original. Probably should be ''or''.
18 USC 2517. Authorization for disclosure and use of intercepted wire,
oral, or electronic communications
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(1) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication, or evidence derived
therefrom, may disclose such contents to another investigative or law
enforcement officer to the extent that such disclosure is appropriate to
the proper performance of the official duties of the officer making or
receiving the disclosure.
(2) Any investigative or law enforcement officer who, by any means
authorized by this chapter, has obtained knowledge of the contents of
any wire, oral, or electronic communication or evidence derived
therefrom may use such contents to the extent such use is appropriate to
the proper performance of his official duties.
(3) Any person who has received, by any means authorized by this
chapter, any information concerning a wire, oral, or electronic
communication, or evidence derived therefrom intercepted in accordance
with the provisions of this chapter may disclose the contents of that
communication or such derivative evidence while giving testimony under
oath or affirmation in any proceeding held under the authority of the
United States or of any State or political subdivision thereof.
(4) No otherwise privileged wire, oral, or electronic communication
intercepted in accordance with, or in violation of, the provisions of
this chapter shall lose its privileged character.
(5) When an investigative or law enforcement officer, while engaged
in intercepting wire, oral, or electronic communications in the manner
authorized herein, intercepts wire, oral, or electronic communications
relating to offenses other than those specified in the order of
authorization or approval, the contents thereof, and evidence derived
therefrom, may be disclosed or used as provided in subsections (1) and
(2) of this section. Such contents and any evidence derived therefrom
may be used under subsection (3) of this section when authorized or
approved by a judge of competent jurisdiction where such judge finds on
subsequent application that the contents were otherwise intercepted in
accordance with the provisions of this chapter. Such application shall
be made as soon as practicable.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 217;
amended Pub. L. 91-452, title IX, 902(b), Oct. 15, 1970, 84 Stat. 947;
Pub. L. 99-508, title I, 101(c)(1)(A), Oct. 21, 1986, 100 Stat. 1851.)
1986 -- Pub. L. 99-508 substituted ''wire, oral, or electronic'' for
''wire or oral'' in section catchline and wherever appearing in text.
1970 -- Par. (3). Pub. L. 91-452 substituted ''proceeding held under
the authority of the United States or of any State or political
subdivision thereof'' for ''criminal proceeding in any court of the
United States or of any State or in any Federal or State grand jury
proceeding''.
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
18 USC 2518. Procedure for interception of wire, oral, or electronic
communications
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(1) Each application for an order authorizing or approving the
interception of a wire, oral, or electronic communication under this
chapter shall be made in writing upon oath or affirmation to a judge of
competent jurisdiction and shall state the applicant's authority to make
such application. Each application shall include the following
information:
(a) the identity of the investigative or law enforcement officer
making the application, and the officer authorizing the application;
(b) a full and complete statement of the facts and circumstances
relied upon by the applicant, to justify his belief that an order should
be issued, including (i) details as to the particular offense that has
been, is being, or is about to be committed, (ii) except as provided in
subsection (11), a particular description of the nature and location of
the facilities from which or the place where the communication is to be
intercepted, (iii) a particular description of the type of
communications sought to be intercepted, (iv) the identity of the
person, if known, committing the offense and whose communications are to
be intercepted;
(c) a full and complete statement as to whether or not other
investigative procedures have been tried and failed or why they
reasonably appear to be unlikely to succeed if tried or to be too
dangerous;
(d) a statement of the period of time for which the interception is
required to be maintained. If the nature of the investigation is such
that the authorization for interception should not automatically
terminate when the described type of communication has been first
obtained, a particular description of facts establishing probable cause
to believe that additional communications of the same type will occur
thereafter;
(e) a full and complete statement of the facts concerning all
previous applications known to the individual authorizing and making the
application, made to any judge for authorization to intercept, or for
approval of interceptions of, wire, oral, or electronic communications
involving any of the same persons, facilities or places specified in the
application, and the action taken by the judge on each such application;
and
(f) where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the
interception, or a reasonable explanation of the failure to obtain such
results.
(2) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte order, as
requested or as modified, authorizing or approving interception of wire,
oral, or electronic communications within the territorial jurisdiction
of the court in which the judge is sitting (and outside that
jurisdiction but within the United States in the case of a mobile
interception device authorized by a Federal court within such
jurisdiction), if the judge determines on the basis of the facts
submitted by the applicant that --
(a) there is probable cause for belief that an individual is
committing, has committed, or is about to commit a particular offense
enumerated in section 2516 of this chapter;
(b) there is probable cause for belief that particular communications
concerning that offense will be obtained through such interception;
(c) normal investigative procedures have been tried and have failed
or reasonably appear to be unlikely to succeed if tried or to be too
dangerous;
(d) except as provided in subsection (11), there is probable cause
for belief that the facilities from which, or the place where, the wire,
oral, or electronic communications are to be intercepted are being used,
or are about to be used, in connection with the commission of such
offense, or are leased to, listed in the name of, or commonly used by
such person.
(4) Each order authorizing or approving the interception of any wire,
oral, or electronic communication under this chapter shall specify --
(a) the identity of the person, if known, whose communications are to
be intercepted;
(b) the nature and location of the communications facilities as to
which, or the place where, authority to intercept is granted;
(c) a particular description of the type of communication sought to
be intercepted, and a statement of the particular offense to which it
relates;
(d) the identity of the agency authorized to intercept the
communications, and of the person authorizing the application; and
(e) the period of time during which such interception is authorized,
including a statement as to whether or not the interception shall
automatically terminate when the described communication has been first
obtained.
An order authorizing the interception of a wire, oral, or electronic
communication under this chapter shall, upon request of the applicant,
direct that a provider of wire or electronic communication service,
landlord, custodian or other person shall furnish the applicant
forthwith all information, facilities, and technical assistance
necessary to accomplish the interception unobtrusively and with a
minimum of interference with the services that such service provider,
landlord, custodian, or person is according the person whose
communications are to be intercepted. Any provider of wire or
electronic communication service, landlord, custodian or other person
furnishing such facilities or technical assistance shall be compensated
therefor by the applicant for reasonable expenses incurred in providing
such facilities or assistance.
(5) No order entered under this section may authorize or approve the
interception of any wire, oral, or electronic communication for any
period longer than is necessary to achieve the objective of the
authorization, nor in any event longer than thirty days. Such
thirty-day period begins on the earlier of the day on which the
investigative or law enforcement officer first begins to conduct an
interception under the order or ten days after the order is entered.
Extensions of an order may be granted, but only upon application for an
extension made in accordance with subsection (1) of this section and the
court making the findings required by subsection (3) of this section.
The period of extension shall be no longer than the authorizing judge
deems necessary to achieve the purposes for which it was granted and in
no event for longer than thirty days. Every order and extension thereof
shall contain a provision that the authorization to intercept shall be
executed as soon as practicable, shall be conducted in such a way as to
minimize the interception of communications not otherwise subject to
interception under this chapter, and must terminate upon attainment of
the authorized objective, or in any event in thirty days. In the event
the intercepted communication is in a code or foreign language, and an
expert in that foreign language or code is not reasonably available
during the interception period, minimization may be accomplished as soon
as practicable after such interception. An interception under this
chapter may be conducted in whole or in part by Government personnel, or
by an individual operating under a contract with the Government, acting
under the supervision of an investigative or law enforcement officer
authorized to conduct the interception.
(6) Whenever an order authorizing interception is entered pursuant to
this chapter, the order may require reports to be made to the judge who
issued the order showing what progress has been made toward achievement
of the authorized objective and the need for continued interception.
Such reports shall be made at such intervals as the judge may require.
(7) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated by the
Attorney General, the Deputy Attorney General, the Associate Attorney
General, or by the principal prosecuting attorney of any State or
subdivision thereof acting pursuant to a statute of that State, who
reasonably determines that --
(a) an emergency situation exists that involves --
(i) immediate danger of death or serious physical injury to any
person,
(ii) conspiratorial activities threatening the national security
interest, or
(iii) conspiratorial activities characteristic of organized crime,
that requires a wire, oral, or electronic communication to be
intercepted before an order authorizing such interception can, with due
diligence, be obtained, and
(b) there are grounds upon which an order could be entered under this
chapter to authorize such interception,
may intercept such wire, oral, or electronic communication if an
application for an order approving the interception is made in
accordance with this section within forty-eight hours after the
interception has occurred, or begins to occur. In the absence of an
order, such interception shall immediately terminate when the
communication sought is obtained or when the application for the order
is denied, whichever is earlier. In the event such application for
approval is denied, or in any other case where the interception is
terminated without an order having been issued, the contents of any
wire, oral, or electronic communication intercepted shall be treated as
having been obtained in violation of this chapter, and an inventory
shall be served as provided for in subsection (d) of this section on the
person named in the application.
(8)(a) The contents of any wire, oral, or electronic communication
intercepted by any means authorized by this chapter shall, if possible,
be recorded on tape or wire or other comparable device. The recording
of the contents of any wire, oral, or electronic communication under
this subsection shall be done in such a way as will protect the
recording from editing or other alterations. Immediately upon the
expiration of the period of the order, or extensions thereof, such
recordings shall be made available to the judge issuing such order and
sealed under his directions. Custody of the recordings shall be
wherever the judge orders. They shall not be destroyed except upon an
order of the issuing or denying judge and in any event shall be kept for
ten years. Duplicate recordings may be made for use or disclosure
pursuant to the provisions of subsections (1) and (2) of section 2517 of
this chapter for investigations. The presence of the seal provided for
by this subsection, or a satisfactory explanation for the absence
thereof, shall be a prerequisite for the use or disclosure of the
contents of any wire, oral, or electronic communication or evidence
derived therefrom under subsection (3) of section 2517.
(b) Applications made and orders granted under this chapter shall be
sealed by the judge. Custody of the applications and orders shall be
wherever the judge directs. Such applications and orders shall be
disclosed only upon a showing of good cause before a judge of competent
jurisdiction and shall not be destroyed except on order of the issuing
or denying judge, and in any event shall be kept for ten years.
(c) Any violation of the provisions of this subsection may be
punished as contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than ninety days after the
filing of an application for an order of approval under section
2518(7)(b) which is denied or the termination of the period of an order
or extensions thereof, the issuing or denying judge shall cause to be
served, on the persons named in the order or the application, and such
other parties to intercepted communications as the judge may determine
in his discretion that is in the interest of justice, an inventory which
shall include notice of --
(1) the fact of the entry of the order or the application;
(2) the date of the entry and the period of authorized, approved or
disapproved interception, or the denial of the application; and
(3) the fact that during the period wire, oral, or electronic
communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion make
available to such person or his counsel for inspection such portions of
the intercepted communications, applications and orders as the judge
determines to be in the interest of justice. On an ex parte showing of
good cause to a judge of competent jurisdiction the serving of the
inventory required by this subsection may be postponed.
(9) The contents of any wire, oral, or electronic communication
intercepted pursuant to this chapter or evidence derived therefrom shall
not be received in evidence or otherwise disclosed in any trial,
hearing, or other proceeding in a Federal or State court unless each
party, not less than ten days before the trial, hearing, or proceeding,
has been furnished with a copy of the court order, and accompanying
application, under which the interception was authorized or approved.
This ten-day period may be waived by the judge if he finds that it was
not possible to furnish the party with the above information ten days
before the trial, hearing, or proceeding and that the party will not be
prejudiced by the delay in receiving such information.
(10)(a) Any aggrieved person in any trial, hearing, or proceeding in
or before any court, department, officer, agency, regulatory body, or
other authority of the United States, a State, or a political
subdivision thereof, may move to suppress the contents of any wire or
oral communication intercepted pursuant to this chapter, or evidence
derived therefrom, on the grounds that --
(i) the communication was unlawfully intercepted;
(ii) the order of authorization or approval under which it was
intercepted is insufficient on its face; or
(iii) the interception was not made in conformity with the order of
authorization or approval.
Such motion shall be made before the trial, hearing, or proceeding
unless there was no opportunity to make such motion or the person was
not aware of the grounds of the motion. If the motion is granted, the
contents of the intercepted wire or oral communication, or evidence
derived therefrom, shall be treated as having been obtained in violation
of this chapter. The judge, upon the filing of such motion by the
aggrieved person, may in his discretion make available to the aggrieved
person or his counsel for inspection such portions of the intercepted
communication or evidence derived therefrom as the judge determines to
be in the interests of justice.
(b) In addition to any other right to appeal, the United States shall
have the right to appeal from an order granting a motion to suppress
made under paragraph (a) of this subsection, or the denial of an
application for an order of approval, if the United States attorney
shall certify to the judge or other official granting such motion or
denying such application that the appeal is not taken for purposes of
delay. Such appeal shall be taken within thirty days after the date the
order was entered and shall be diligently prosecuted.
(c) The remedies and sanctions described in this chapter with respect
to the interception of electronic communications are the only judicial
remedies and sanctions for nonconstitutional violations of this chapter
involving such communications.
(11) The requirements of subsections (1)(b)(ii) and (3)(d) of this
section relating to the specification of the facilities from which, or
the place where, the communication is to be intercepted do not apply if
--
(a) in the case of an application with respect to the interception of
an oral communication --
(i) the application is by a Federal investigative or law enforcement
officer and is approved by the Attorney General, the Deputy Attorney
General, the Associate Attorney General, an Assistant Attorney General,
or an acting Assistant Attorney General;
(ii) the application contains a full and complete statement as to why
such specification is not practical and identifies the person committing
the offense and whose communications are to be intercepted; and
(iii) the judge finds that such specification is not practical; and
(b) in the case of an application with respect to a wire or
electronic communication --
(i) the application is by a Federal investigative or law enforcement
officer and is approved by the Attorney General, the Deputy Attorney
General, the Associate Attorney General, an Assistant Attorney General,
or an acting Assistant Attorney General;
(ii) the application identifies the person believed to be committing
the offense and whose communications are to be intercepted and the
applicant makes a showing of a purpose, on the part of that person, to
thwart interception by changing facilities; and
(iii) the judge finds that such purpose has been adequately shown.
(12) An interception of a communication under an order with respect
to which the requirements of subsections (1)(b)(ii) and (3)(d) of this
section do not apply by reason of subsection (11) shall not begin until
the facilities from which, or the place where, the communication is to
be intercepted is ascertained by the person implementing the
interception order. A provider of wire or electronic communications
service that has received an order as provided for in subsection (11)(b)
may move the court to modify or quash the order on the ground that its
assistance with respect to the interception cannot be performed in a
timely or reasonable fashion. The court, upon notice to the government,
shall decide such a motion expeditiously.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 218;
amended Pub. L. 91-358, title II, 211(b), July 29, 1970, 84 Stat. 654;
Pub. L. 95-511, title II, 201(d)-(g), Oct. 25, 1978, 92 Stat. 1797,
1798; Pub. L. 98-473, title II, 1203(a), (b), Oct. 12, 1984, 98 Stat.
2152; Pub. L. 99-508, title I, 101(c)(1)(A), (8), (e), 106(a)-(d)(3),
Oct. 21, 1986, 100 Stat. 1851-1853, 1856, 1857.)
1986 -- Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral'' in section catchline.
Par. (1). Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral'' in introductory provisions.
Par. (1)(b)(ii). Pub. L. 99-508, 106(d)(1), inserted ''except as
provided in subsection (11),''.
Par. (1)(e). Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral,
or electronic'' for ''wire or oral''.
Par. (3). Pub. L. 99-508, 101(c)(1)(A), 106(a), in introductory
provisions, substituted ''wire, oral, or electronic'' for ''wire or
oral'' and inserted ''(and outside that jurisdiction but within the
United States in the case of a mobile interception device authorized by
a Federal court within such jurisdiction)''.
Par. (3)(d). Pub. L. 99-508, 101(c)(1)(A), 106(d)(2), inserted
''except as provided in subsection (11),'' and substituted ''wire, oral,
or electronic'' for ''wire or oral''.
Par. (4). Pub. L. 99-508, 101(c)(1)(A), (8), 106(b), substituted
''wire, oral, or electronic'' for ''wire or oral'' wherever appearing
and, in closing provisions, substituted ''provider of wire or electronic
communication service'' for ''communication common carrier'' wherever
appearing, ''such service provider'' for ''such carrier'', and ''for
reasonable expenses incurred in providing such facilities or
assistance'' for ''at the prevailing rates''.
Par. (5). Pub. L. 99-508, 101(c)(1)(A), 106(c), substituted ''wire,
oral, or electronic'' for ''wire or oral'' and inserted provisions which
related to beginning of thirty-day period, minimization where
intercepted communication is in code or foreign language and expert in
that code or foreign language is not immediately available, and conduct
of interception by Government personnel or by individual operating under
Government contract, acting under supervision of investigative or law
enforcement officer authorized to conduct interception.
Pars. (7), (8)(a), (d)(3), (9). Pub. L. 99-508, 101(c)(1)(A),
substituted ''wire, oral, or electronic'' for ''wire or oral'' wherever
appearing.
Par. (10)(c). Pub. L. 99-508, 101(e), added subpar. (c).
Pars. (11), (12). Pub. L. 99-508, 106(d)(3), added pars. (11) and
(12).
1984 -- Par. (7). Pub. L. 98-473, 1203(a), inserted '', the Deputy
Attorney General, the Associate Attorney General,'' after ''Attorney
General'' in provisions preceding subpar. (a).
Par. (7)(a). Pub. L. 98-473, 1203(b), amended subpar. (a)
generally, adding cl. (i) and designated existing provisions as cls.
(ii) and (iii).
1978 -- Par. (1). Pub. L. 95-511, 201(d), inserted ''under this
chapter'' after ''communication''.
Par. (4). Pub. L. 95-511, 201(e), inserted ''under this chapter''
after ''wire or oral communication'' wherever appearing.
Par. (9). Pub. L. 95-511, 201(e), substituted ''any wire or oral
communication intercepted pursuant to this chapter'' for ''any
intercepted wire or oral communication''.
Par. (10). Pub. L. 95-511, 201(g), substituted ''any wire or oral
communication intercepted pursuant to this chapter,'' for ''any
intercepted wire or oral communication,''.
1970 -- Par. (4). Pub. L. 91-358 inserted the provision that, upon
the request of the applicant, an order authorizing the interception of a
wire or oral communication direct that a communication common carrier,
landlord, custodian, or other person furnish the applicant with all
information, facilities, and technical assistance necessary to
accomplish the interception unobtrusively and with a minimum of
interference with the services provided.
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 301 of Pub. L. 95-511, set out as an
Effective Date note under section 1801 of Title 50, War and National
Defense.
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 901(a) of
Pub. L. 91-358.
18 USC 2519. Reports concerning intercepted wire, oral, or electronic
communications
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(1) Within thirty days after the expiration of an order (or each
extension thereof) entered under section 2518, or the denial of an order
approving an interception, the issuing or denying judge shall report to
the Administrative Office of the United States Courts --
(a) the fact that an order or extension was applied for;
(b) the kind of order or extension applied for (including whether or
not the order was an order with respect to which the requirements of
sections 2518(1)(b)(ii) and 2518(3)(d) of this title did not apply by
reason of section 2518(11) of this title);
(c) the fact that the order or extension was granted as applied for,
was modified, or was denied;
(d) the period of interceptions authorized by the order, and the
number and duration of any extensions of the order;
(e) the offense specified in the order or application, or extension
of an order;
(f) the identity of the applying investigative or law enforcement
officer and agency making the application and the person authorizing the
application; and
(g) the nature of the facilities from which or the place where
communications were to be intercepted.
(2) In January of each year the Attorney General, an Assistant
Attorney General specially designated by the Attorney General, or the
principal prosecuting attorney of a State, or the principal prosecuting
attorney for any political subdivision of a State, shall report to the
Administrative Office of the United States Courts --
(a) the information required by paragraphs (a) through (g) of
subsection (1) of this section with respect to each application for an
order or extension made during the preceding calendar year;
(b) a general description of the interceptions made under such order
or extension, including (i) the approximate nature and frequency of
incriminating communications intercepted, (ii) the approximate nature
and frequency of other communications intercepted, (iii) the approximate
number of persons whose communications were intercepted, and (iv) the
approximate nature, amount, and cost of the manpower and other resources
used in the interceptions;
(c) the number of arrests resulting from interceptions made under
such order or extension, and the offenses for which arrests were made;
(d) the number of trials resulting from such interceptions;
(e) the number of motions to suppress made with respect to such
interceptions, and the number granted or denied;
(f) the number of convictions resulting from such interceptions and
the offenses for which the convictions were obtained and a general
assessment of the importance of the interceptions; and
(g) the information required by paragraphs (b) through (f) of this
subsection with respect to orders or extensions obtained in a preceding
calendar year.
(3) In April of each year the Director of the Administrative Office
of the United States Courts shall transmit to the Congress a full and
complete report concerning the number of applications for orders
authorizing or approving the interception of wire, oral, or electronic
communications pursuant to this chapter and the number of orders and
extensions granted or denied pursuant to this chapter during the
preceding calendar year. Such report shall include a summary and
analysis of the data required to be filed with the Administrative Office
by subsections (1) and (2) of this section. The Director of the
Administrative Office of the United States Courts is authorized to issue
binding regulations dealing with the content and form of the reports
required to be filed by subsections (1) and (2) of this section.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 222;
amended Pub. L. 95-511, title II, 201(h), Oct. 25, 1978, 92 Stat.
1798; Pub. L. 99-508, title I, 101(c)(1)(A), 106(d)(4), Oct. 21,
1986, 100 Stat. 1851, 1857.)
1986 -- Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral'' in section catchline.
Par. (1)(b). Pub. L. 99-508, 106(d)(4), inserted ''(including
whether or not the order was an order with respect to which the
requirements of sections 2518(1)(b)(ii) and 2518(3)(d) of this title did
not apply by reason of section 2518(11) of this title)''.
Par. (3). Pub. L. 99-508, 101(c)(1)(A), substituted ''wire, oral, or
electronic'' for ''wire or oral''.
1978 -- Par. (3). Pub. L. 95-511 inserted ''pursuant to this
chapter'' after ''wire or oral communications'' and ''granted or
denied''.
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 301 of Pub. L. 95-511, set out as an
Effective Date note under section 1801 of Title 50, War and National
Defense.
18 USC 2520. Recovery of civil damages authorized
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- Except as provided in section 2511(2)(a)(ii), any
person whose wire, oral, or electronic communication is intercepted,
disclosed, or intentionally used in violation of this chapter may in a
civil action recover from the person or entity which engaged in that
violation such relief as may be appropriate.
(b) Relief. -- In an action under this section, appropriate relief
includes --
(1) such preliminary and other equitable or declaratory relief as may
be appropriate;
(2) damages under subsection (c) and punitive damages in appropriate
cases; and
(3) a reasonable attorney's fee and other litigation costs reasonably
incurred.
(c) Computation of Damages. -- (1) In an action under this section,
if the conduct in violation of this chapter is the private viewing of a
private satellite video communication that is not scrambled or encrypted
or if the communication is a radio communication that is transmitted on
frequencies allocated under subpart D of part 74 of the rules of the
Federal Communications Commission that is not scrambled or encrypted and
the conduct is not for a tortious or illegal purpose or for purposes of
direct or indirect commercial advantage or private commercial gain, then
the court shall assess damages as follows:
(A) If the person who engaged in that conduct has not previously been
enjoined under section 2511(5) and has not been found liable in a prior
civil action under this section, the court shall assess the greater of
the sum of actual damages suffered by the plaintiff, or statutory
damages of not less than $50 and not more than $500.
(B) If, on one prior occasion, the person who engaged in that conduct
has been enjoined under section 2511(5) or has been found liable in a
civil action under this section, the court shall assess the greater of
the sum of actual damages suffered by the plaintiff, or statutory
damages of not less than $100 and not more than $1000.
(2) In any other action under this section, the court may assess as
damages whichever is the greater of --
(A) the sum of the actual damages suffered by the plaintiff and any
profits made by the violator as a result of the violation; or
(B) statutory damages of whichever is the greater of $100 a day for
each day of violation or $10,000.
(d) Defense. -- A good faith reliance on --
(1) a court warrant or order, a grand jury subpoena, a legislative
authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer under
section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this title
permitted the conduct complained of;
is a complete defense against any civil or criminal action brought
under this chapter or any other law.
(e) Limitation. -- A civil action under this section may not be
commenced later than two years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
(Added Pub. L. 90-351, title III, 802, June 19, 1968, 82 Stat. 223;
amended Pub. L. 91-358, title II, 211(c), July 29, 1970, 84 Stat. 654;
Pub. L. 99-508, title I, 103, Oct. 21, 1986, 100 Stat. 1853.)
1986 -- Pub. L. 99-508 amended section generally. Prior to
amendment, section read as follows: ''Any person whose wire or oral
communication is intercepted, disclosed, or used in violation of this
chapter shall (1) have a civil cause of action against any person who
intercepts, discloses, or uses, or procures any other person to
intercept, disclose, or use such communications, and (2) be entitled to
recover from any such person --
''(a) actual damages but not less than liquidated damages computed at
the rate of $100 a day for each day of violation or $1,000, whichever is
higher;
''(b) punitive damages; and
''(c) a reasonable attorney's fee and other litigation costs
reasonably incurred.
A good faith reliance on a court order or legislative authorization
shall constitute a complete defense to any civil or criminal action
brought under this chapter or under any other law.''
1970 -- Pub. L. 91-358 substituted provisions that a good faith
reliance on a court order or legislative authorization constitute a
complete defense to any civil or criminal action brought under this
chapter or under any other law, for provisions that a good faith
reliance on a court order or on the provisions of section 2518(7) of
this chapter constitute a complete defense to any civil or criminal
action brought under this chapter.
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 901(a) of
Pub. L. 91-358.
18 USC 2521. Injunction against illegal interception
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever it shall appear that any person is engaged or is about to
engage in any act which constitutes or will constitute a felony
violation of this chapter, the Attorney General may initiate a civil
action in a district court of the United States to enjoin such
violation. The court shall proceed as soon as practicable to the
hearing and determination of such an action, and may, at any time before
final determination, enter such a restraining order or prohibition, or
take such other action, as is warranted to prevent a continuing and
substantial injury to the United States or to any person or class of
persons for whose protection the action is brought. A proceeding under
this section is governed by the Federal Rules of Civil Procedure, except
that, if an indictment has been returned against the respondent,
discovery is governed by the Federal Rules of Criminal Procedure.
(Added Pub. L. 99-508, title I, 110(a), Oct. 21, 1986, 100 Stat.
1859.)
The Federal Rules of Civil Procedure, referred to in text, are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Federal Rules of Criminal Procedure, referred to in text, are set
out in the Appendix to this title.
Section effective 90 days after Oct. 21, 1986, and, in case of
conduct pursuant to court order or extension, applicable only with
respect to court orders and extensions made after such date, with
special rule for State authorizations of interceptions, see section 111
of Pub. L. 99-508, set out as an Effective Date of 1986 Amendment note
under section 2510 of this title.
18 USC CHAPTER 121 -- STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
TRANSACTIONAL RECORDS ACCESS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
2701. Unlawful access to stored communications.
2702. Disclosure of contents.
2703. Requirements for governmental access.
2704. Backup preservation.
2705. Delayed notice.
2706. Cost reimbursement.
2707. Civil action.
2708. Exclusivity of remedies.
2709. Counterintelligence access to telephone toll and transactional
records.
2710. Wrongful disclosure of video tape rental or sale records.
2711. Definitions for chapter.
1988 -- Pub. L. 100-690, title VII, 7067, Nov. 18, 1988, 102 Stat.
4405, which directed amendment of item 2710 by inserting ''for
chapter'' after ''Definitions'' was executed by making the insertion in
item 2711 to reflect the probable intent of Congress and the intervening
redesignation of item 2710 as 2711 by Pub. L. 100-618, see below.
Pub. L. 100-618, 2(b), Nov. 5, 1988, 102 Stat. 3197, added item
2710 and redesignated former item 2710 as 2711.
18 USC 2701. Unlawful access to stored communications
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Offense. -- Except as provided in subsection (c) of this section
whoever --
(1) intentionally accesses without authorization a facility through
which an electronic communication service is provided; or
(2) intentionally exceeds an authorization to access that facility;
and thereby obtains, alters, or prevents authorized access to a wire
or electronic communication while it is in electronic storage in such
system shall be punished as provided in subsection (b) of this section.
(b) Punishment. -- The punishment for an offense under subsection (a)
of this section is --
(1) if the offense is committed for purposes of commercial advantage,
malicious destruction or damage, or private commercial gain --
(A) a fine of not more than $250,000 or imprisonment for not more
than one year, or both, in the case of a first offense under this
subparagraph; and
(B) a fine under this title or imprisonment for not more than two
years, or both, for any subsequent offense under this subparagraph; and
(2) a fine of not more than $5,000 or imprisonment for not more than
six months, or both, in any other case.
(c) Exceptions. -- Subsection (a) of this section does not apply with
respect to conduct authorized --
(1) by the person or entity providing a wire or electronic
communications service;
(2) by a user of that service with respect to a communication of or
intended for that user; or
(3) in section 2703, 2704 or 2518 of this title.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1860.)
Section 202 of title II of Pub. L. 99-508 provided that: ''This
title and the amendments made by this title (enacting this chapter)
shall take effect ninety days after the date of the enactment of this
Act (Oct. 21, 1986) and shall, in the case of conduct pursuant to a
court order or extension, apply only with respect to court orders or
extensions made after this title takes effect.''
Pub. L. 100-618, 1, Nov. 5, 1988, 102 Stat. 3195, provided that:
''This Act (enacting section 2710 of this title and renumbering former
section 2710 as 2711 of this title) may be cited as the 'Video Privacy
Protection Act of 1988'.''
18 USC 2702. Disclosure of contents
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Prohibitions. -- Except as provided in subsection (b) --
(1) a person or entity providing an electronic communication service
to the public shall not knowingly divulge to any person or entity the
contents of a communication while in electronic storage by that service;
and
(2) a person or entity providing remote computing service to the
public shall not knowingly divulge to any person or entity the contents
of any communication which is carried or maintained on that service --
(A) on behalf of, and received by means of electronic transmission
from (or created by means of computer processing of communications
received by means of electronic transmission from), a subscriber or
customer of such service; and
(B) solely for the purpose of providing storage or computer
processing services to such subscriber or customer, if the provider is
not authorized to access the contents of any such communications for
purposes of providing any services other than storage or computer
processing.
(b) Exceptions. -- A person or entity may divulge the contents of a
communication --
(1) to an addressee or intended recipient of such communication or an
agent of such addressee or intended recipient;
(2) as otherwise authorized in section 2517, 2511(2)(a), or 2703 of
this title;
(3) with the lawful consent of the originator or an addressee or
intended recipient of such communication, or the subscriber in the case
of remote computing service;
(4) to a person employed or authorized or whose facilities are used
to forward such communication to its destination;
(5) as may be necessarily incident to the rendition of the service or
to the protection of the rights or property of the provider of that
service; or
(6) to a law enforcement agency, if such contents --
(A) were inadvertently obtained by the service provider; and
(B) appear to pertain to the commission of a crime.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1860; amended Pub. L. 100-690, title VII, 7037, Nov. 18, 1988, 102
Stat. 4399.)
1988 -- Subsec. (b)(2). Pub. L. 100-690 substituted ''2517'' for
''2516''.
18 USC 2703. Requirements for governmental access
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Contents of Electronic Communications in Electronic Storage. --
A governmental entity may require the disclosure by a provider of
electronic communication service of the contents of an electronic
communication, that is in electronic storage in an electronic
communications system for one hundred and eighty days or less, only
pursuant to a warrant issued under the Federal Rules of Criminal
Procedure or equivalent State warrant. A governmental entity may
require the disclosure by a provider of electronic communications
services of the contents of an electronic communication that has been in
electronic storage in an electronic communications system for more than
one hundred and eighty days by the means available under subsection (b)
of this section.
(b) Contents of Electronic Communications in a Remote Computing
Service. -- (1) A governmental entity may require a provider of remote
computing service to disclose the contents of any electronic
communication to which this paragraph is made applicable by paragraph
(2) of this subsection --
(A) without required notice to the subscriber or customer, if the
governmental entity obtains a warrant issued under the Federal Rules of
Criminal Procedure or equivalent State warrant; or
(B) with prior notice from the governmental entity to the subscriber
or customer if the governmental entity --
(i) uses an administrative subpoena authorized by a Federal or State
statute or a Federal or State grand jury or trial subpoena; or
(ii) obtains a court order for such disclosure under subsection (d)
of this section;
except that delayed notice may be given pursuant to section 2705 of
this title.
(2) Paragraph (1) is applicable with respect to any electronic
communication that is held or maintained on that service --
(A) on behalf of, and received by means of electronic transmission
from (or created by means of computer processing of communications
received by means of electronic transmission from), a subscriber or
customer of such remote computing service; and
(B) solely for the purpose of providing storage or computer
processing services to such subscriber or customer, if the provider is
not authorized to access the contents of any such communications for
purposes of providing any services other than storage or computer
processing.
(c) Records Concerning Electronic Communication Service or Remote
Computing Service. -- (1)(A) Except as provided in subparagraph (B), a
provider of electronic communication service or remote computing service
may disclose a record or other information pertaining to a subscriber to
or customer of such service (not including the contents of
communications covered by subsection (a) or (b) of this section) to any
person other than a governmental entity.
(B) A provider of electronic communication service or remote
computing service shall disclose a record or other information
pertaining to a subscriber to or customer of such service (not including
the contents of communications covered by subsection (a) or (b) of this
section) to a governmental entity only when the governmental entity --
(i) uses an administrative subpoena authorized by a Federal or State
statute, or a Federal or State grand jury or trial subpoena;
(ii) obtains a warrant issued under the Federal Rules of Criminal
Procedure or equivalent State warrant;
(iii) obtains a court order for such disclosure under subsection (d)
of this section; or
(iv) has the consent of the subscriber or customer to such
disclosure.
(2) A governmental entity receiving records or information under this
subsection is not required to provide notice to a subscriber or
customer.
(d) Requirements for Court Order. -- A court order for disclosure
under subsection (b) or (c) of this section may be issued by any court
that is a court of competent jurisdiction set forth in section
3126(2)(A) of this title and shall issue only if the governmental entity
shows that there is reason to believe the contents of a wire or
electronic communication, or the records or other information sought,
are relevant to a legitimate law enforcement inquiry. In the case of a
State governmental authority, such a court order shall not issue if
prohibited by the law of such State. A court issuing an order pursuant
to this section, on a motion made promptly by the service provider, may
quash or modify such order, if the information or records requested are
unusually voluminous in nature or compliance with such order otherwise
would cause an undue burden on such provider.
(e) No Cause of Action Against a Provider Disclosing Information
Under This Chapter. -- No cause of action shall lie in any court against
any provider of wire or electronic communication service, its officers,
employees, agents, or other specified persons for providing information,
facilities, or assistance in accordance with the terms of a court order,
warrant, subpoena, or certification under this chapter.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1861; amended Pub. L. 100-690, title VII, 7038, 7039, Nov. 18, 1988,
102 Stat. 4399.)
The Federal Rules of Criminal Procedure, referred to in subsecs.
(a), (b)(1)(A), and (c)(1)(B)(ii), are set out in the Appendix to this
title.
1988 -- Subsecs. (b)(1)(B)(i), (c)(1)(B)(i). Pub. L. 100-690,
7038, inserted ''or trial'' after ''grand jury''.
Subsec. (d). Pub. L. 100-690, 7039, inserted ''may be issued by any
court that is a court of competent jurisdiction set forth in section
3126(2)(A) of this title and'' before ''shall issue''.
18 USC 2704. Backup preservation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Backup Preservation. -- (1) A governmental entity acting under
section 2703(b)(2) may include in its subpoena or court order a
requirement that the service provider to whom the request is directed
create a backup copy of the contents of the electronic communications
sought in order to preserve those communications. Without notifying the
subscriber or customer of such subpoena or court order, such service
provider shall create such backup copy as soon as practicable consistent
with its regular business practices and shall confirm to the
governmental entity that such backup copy has been made. Such backup
copy shall be created within two business days after receipt by the
service provider of the subpoena or court order.
(2) Notice to the subscriber or customer shall be made by the
governmental entity within three days after receipt of such
confirmation, unless such notice is delayed pursuant to section 2705(a).
(3) The service provider shall not destroy such backup copy until the
later of --
(A) the delivery of the information; or
(B) the resolution of any proceedings (including appeals of any
proceeding) concerning the government's subpoena or court order.
(4) The service provider shall release such backup copy to the
requesting governmental entity no sooner than fourteen days after the
governmental entity's notice to the subscriber or customer if such
service provider --
(A) has not received notice from the subscriber or customer that the
subscriber or customer has challenged the governmental entity's request;
and
(B) has not initiated proceedings to challenge the request of the
governmental entity.
(5) A governmental entity may seek to require the creation of a
backup copy under subsection (a)(1) of this section if in its sole
discretion such entity determines that there is reason to believe that
notification under section 2703 of this title of the existence of the
subpoena or court order may result in destruction of or tampering with
evidence. This determination is not subject to challenge by the
subscriber or customer or service provider.
(b) Customer Challenges. -- (1) Within fourteen days after notice by
the governmental entity to the subscriber or customer under subsection
(a)(2) of this section, such subscriber or customer may file a motion to
quash such subpoena or vacate such court order, with copies served upon
the governmental entity and with written notice of such challenge to the
service provider. A motion to vacate a court order shall be filed in
the court which issued such order. A motion to quash a subpoena shall
be filed in the appropriate United States district court or State court.
Such motion or application shall contain an affidavit or sworn
statement --
(A) stating that the applicant is a customer or subscriber to the
service from which the contents of electronic communications maintained
for him have been sought; and
(B) stating the applicant's reasons for believing that the records
sought are not relevant to a legitimate law enforcement inquiry or that
there has not been substantial compliance with the provisions of this
chapter in some other respect.
(2) Service shall be made under this section upon a governmental
entity by delivering or mailing by registered or certified mail a copy
of the papers to the person, office, or department specified in the
notice which the customer has received pursuant to this chapter. For
the purposes of this section, the term ''delivery'' has the meaning
given that term in the Federal Rules of Civil Procedure.
(3) If the court finds that the customer has complied with paragraphs
(1) and (2) of this subsection, the court shall order the governmental
entity to file a sworn response, which may be filed in camera if the
governmental entity includes in its response the reasons which make in
camera review appropriate. If the court is unable to determine the
motion or application on the basis of the parties' initial allegations
and response, the court may conduct such additional proceedings as it
deems appropriate. All such proceedings shall be completed and the
motion or application decided as soon as practicable after the filing of
the governmental entity's response.
(4) If the court finds that the applicant is not the subscriber or
customer for whom the communications sought by the governmental entity
are maintained, or that there is a reason to believe that the law
enforcement inquiry is legitimate and that the communications sought are
relevant to that inquiry, it shall deny the motion or application and
order such process enforced. If the court finds that the applicant is
the subscriber or customer for whom the communications sought by the
governmental entity are maintained, and that there is not a reason to
believe that the communications sought are relevant to a legitimate law
enforcement inquiry, or that there has not been substantial compliance
with the provisions of this chapter, it shall order the process quashed.
(5) A court order denying a motion or application under this section
shall not be deemed a final order and no interlocutory appeal may be
taken therefrom by the customer.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1863.)
The Federal Rules of Civil Procedure, referred to in subsec. (b)(2),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
18 USC 2705. Delayed notice
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Delay of Notification. -- (1) A governmental entity acting under
section 2703(b) of this title may --
(A) where a court order is sought, include in the application a
request, which the court shall grant, for an order delaying the
notification required under section 2703(b) of this title for a period
not to exceed ninety days, if the court determines that there is reason
to believe that notification of the existence of the court order may
have an adverse result described in paragraph (2) of this subsection;
or
(B) where an administrative subpoena authorized by a Federal or State
statute or a Federal or State grand jury subpoena is obtained, delay the
notification required under section 2703(b) of this title for a period
not to exceed ninety days upon the execution of a written certification
of a supervisory official that there is reason to believe that
notification of the existence of the subpoena may have an adverse result
described in paragraph (2) of this subsection.
(2) An adverse result for the purposes of paragraph (1) of this
subsection is --
(A) endangering the life or physical safety of an individual;
(B) flight from prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) otherwise seriously jeopardizing an investigation or unduly
delaying a trial.
(3) The governmental entity shall maintain a true copy of
certification under paragraph (1)(B).
(4) Extensions of the delay of notification provided in section 2703
of up to ninety days each may be granted by the court upon application,
or by certification by a governmental entity, but only in accordance
with subsection (b) of this section.
(5) Upon expiration of the period of delay of notification under
paragraph (1) or (4) of this subsection, the governmental entity shall
serve upon, or deliver by registered or first-class mail to, the
customer or subscriber a copy of the process or request together with
notice that --
(A) states with reasonable specificity the nature of the law
enforcement inquiry; and
(B) informs such customer or subscriber --
(i) that information maintained for such customer or subscriber by
the service provider named in such process or request was supplied to or
requested by that governmental authority and the date on which the
supplying or request took place;
(ii) that notification of such customer or subscriber was delayed;
(iii) what governmental entity or court made the certification or
determination pursuant to which that delay was made; and
(iv) which provision of this chapter allowed such delay.
(6) As used in this subsection, the term ''supervisory official''
means the investigative agent in charge or assistant investigative agent
in charge or an equivalent of an investigating agency's headquarters or
regional office, or the chief prosecuting attorney or the first
assistant prosecuting attorney or an equivalent of a prosecuting
attorney's headquarters or regional office.
(b) Preclusion of Notice to Subject of Governmental Access. -- A
governmental entity acting under section 2703, when it is not required
to notify the subscriber or customer under section 2703(b)(1), or to the
extent that it may delay such notice pursuant to subsection (a) of this
section, may apply to a court for an order commanding a provider of
electronic communications service or remote computing service to whom a
warrant, subpoena, or court order is directed, for such period as the
court deems appropriate, not to notify any other person of the existence
of the warrant, subpoena, or court order. The court shall enter such an
order if it determines that there is reason to believe that notification
of the existence of the warrant, subpoena, or court order will result in
--
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) otherwise seriously jeopardizing an investigation or unduly
delaying a trial.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1864.)
18 USC 2706. Cost reimbursement
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Payment. -- Except as otherwise provided in subsection (c), a
governmental entity obtaining the contents of communications, records,
or other information under section 2702, 2703, or 2704 of this title
shall pay to the person or entity assembling or providing such
information a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in searching for,
assembling, reproducing, or otherwise providing such information. Such
reimbursable costs shall include any costs due to necessary disruption
of normal operations of any electronic communication service or remote
computing service in which such information may be stored.
(b) Amount. -- The amount of the fee provided by subsection (a) shall
be as mutually agreed by the governmental entity and the person or
entity providing the information, or, in the absence of agreement, shall
be as determined by the court which issued the order for production of
such information (or the court before which a criminal prosecution
relating to such information would be brought, if no court order was
issued for production of the information).
(c) Exception. -- The requirement of subsection (a) of this section
does not apply with respect to records or other information maintained
by a communications common carrier that relate to telephone toll records
and telephone listings obtained under section 2703 of this title. The
court may, however, order a payment as described in subsection (a) if
the court determines the information required is unusually voluminous in
nature or otherwise caused an undue burden on the provider.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1866; amended Pub. L. 100-690, title VII, 7061, Nov. 18, 1988, 102
Stat. 4404.)
1988 -- Subsec. (c). Pub. L. 100-690 inserted heading.
18 USC 2707. Civil action
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Cause of Action. -- Except as provided in section 2703(e), any
provider of electronic communication service, subscriber, or customer
aggrieved by any violation of this chapter in which the conduct
constituting the violation is engaged in with a knowing or intentional
state of mind may, in a civil action, recover from the person or entity
which engaged in that violation such relief as may be appropriate.
(b) Relief. -- In a civil action under this section, appropriate
relief includes --
(1) such preliminary and other equitable or declaratory relief as may
be appropriate;
(2) damages under subsection (c); and
(3) a reasonable attorney's fee and other litigation costs reasonably
incurred.
(c) Damages. -- The court may assess as damages in a civil action
under this section the sum of the actual damages suffered by the
plaintiff and any profits made by the violator as a result of the
violation, but in no case shall a person entitled to recover receive
less than the sum of $1,000.
(d) Defense. -- A good faith reliance on --
(1) a court warrant or order, a grand jury subpoena, a legislative
authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement officer under
section 2518(7) of this title; or
(3) a good faith determination that section 2511(3) of this title
permitted the conduct complained of;
is a complete defense to any civil or criminal action brought under
this chapter or any other law.
(e) Limitation. -- A civil action under this section may not be
commenced later than two years after the date upon which the claimant
first discovered or had a reasonable opportunity to discover the
violation.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1866.)
18 USC 2708. Exclusivity of remedies
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The remedies and sanctions described in this chapter are the only
judicial remedies and sanctions for nonconstitutional violations of this
chapter.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1867.)
18 USC 2709. Counterintelligence access to telephone toll and
transactional records
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Duty to Provide. -- A wire or electronic communication service
provider shall comply with a request for subscriber information and toll
billing records information, or electronic communication transactional
records in its custody or possession made by the Director of the Federal
Bureau of Investigation under subsection (b) of this section.
(b) Required Certification. -- The Director of the Federal Bureau of
Investigation (or an individual within the Federal Bureau of
Investigation designated for this purpose by the Director) may request
any such information and records if the Director (or the Director's
designee) certifies in writing to the wire or electronic communication
service provider to which the request is made that --
(1) the information sought is relevant to an authorized foreign
counterintelligence investigation; and
(2) there are specific and articulable facts giving reason to believe
that the person or entity to whom the information sought pertains is a
foreign power or an agent of a foreign power as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(c) Prohibition of Certain Disclosure. -- No wire or electronic
communication service provider, or officer, employee, or agent thereof,
shall disclose to any person that the Federal Bureau of Investigation
has sought or obtained access to information or records under this
section.
(d) Dissemination by Bureau. -- The Federal Bureau of Investigation
may disseminate information and records obtained under this section only
as provided in guidelines approved by the Attorney General for foreign
intelligence collection and foreign counterintelligence investigations
conducted by the Federal Bureau of Investigation, and, with respect to
dissemination to an agency of the United States, only if such
information is clearly relevant to the authorized responsibilities of
such agency.
(e) Requirement That Certain Congressional Bodies Be Informed. -- On
a semiannual basis the Director of the Federal Bureau of Investigation
shall fully inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of the
Senate concerning all requests made under subsection (b) of this
section.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1867.)
18 USC 2710. Wrongful disclosure of video tape rental or sale records
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Definitions. -- For purposes of this section --
(1) the term ''consumer'' means any renter, purchaser, or subscriber
of goods or services from a video tape service provider;
(2) the term ''ordinary course of business'' means only debt
collection activities, order fulfillment, request processing, and the
transfer of ownership;
(3) the term ''personally identifiable information'' includes
information which identifies a person as having requested or obtained
specific video materials or services from a video tape service provider;
and
(4) the term ''video tape service provider'' means any person,
engaged in the business, in or affecting interstate or foreign commerce,
of rental, sale, or delivery of prerecorded video cassette tapes or
similar audio visual materials, or any person or other entity to whom a
disclosure is made under subparagraph (D) or (E) of subsection (b)(2),
but only with respect to the information contained in the disclosure.
(b) Video Tape Rental and Sale Records. -- (1) A video tape service
provider who knowingly discloses, to any person, personally identifiable
information concerning any consumer of such provider shall be liable to
the aggrieved person for the relief provided in subsection (d).
(2) A video tape service provider may disclose personally
identifiable information concerning any consumer --
(A) to the consumer;
(B) to any person with the informed, written consent of the consumer
given at the time the disclosure is sought;
(C) to a law enforcement agency pursuant to a warrant issued under
the Federal Rules of Criminal Procedure, an equivalent State warrant, a
grand jury subpoena, or a court order;
(D) to any person if the disclosure is solely of the names and
addresses of consumers and if --
(i) the video tape service provider has provided the consumer with
the opportunity, in a clear and conspicuous manner, to prohibit such
disclosure; and
(ii) the disclosure does not identify the title, description, or
subject matter of any video tapes or other audio visual material;
however, the subject matter of such materials may be disclosed if the
disclosure is for the exclusive use of marketing goods and services
directly to the consumer;
(E) to any person if the disclosure is incident to the ordinary
course of business of the video tape service provider; or
(F) pursuant to a court order, in a civil proceeding upon a showing
of compelling need for the information that cannot be accommodated by
any other means, if --
(i) the consumer is given reasonable notice, by the person seeking
the disclosure, of the court proceeding relevant to the issuance of the
court order; and
(ii) the consumer is afforded the opportunity to appear and contest
the claim of the person seeking the disclosure.
If an order is granted pursuant to subparagraph (C) or (F), the court
shall impose appropriate safeguards against unauthorized disclosure.
(3) Court orders authorizing disclosure under subparagraph (C) shall
issue only with prior notice to the consumer and only if the law
enforcement agency shows that there is probable cause to believe that
the records or other information sought are relevant to a legitimate law
enforcement inquiry. In the case of a State government authority, such
a court order shall not issue if prohibited by the law of such State. A
court issuing an order pursuant to this section, on a motion made
promptly by the video tape service provider, may quash or modify such
order if the information or records requested are unreasonably
voluminous in nature or if compliance with such order otherwise would
cause an unreasonable burden on such provider.
(c) Civil Action. -- (1) Any person aggrieved by any act of a person
in violation of this section may bring a civil action in a United States
district court.
(2) The court may award --
(A) actual damages but not less than liquidated damages in an amount
of $2,500;
(B) punitive damages;
(C) reasonable attorneys' fees and other litigation costs reasonably
incurred; and
(D) such other preliminary and equitable relief as the court
determines to be appropriate.
(3) No action may be brought under this subsection unless such action
is begun within 2 years from the date of the act complained of or the
date of discovery.
(4) No liability shall result from lawful disclosure permitted by
this section.
(d) Personally Identifiable Information. -- Personally identifiable
information obtained in any manner other than as provided in this
section shall not be received in evidence in any trial, hearing,
arbitration, or other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or a political
subdivision of a State.
(e) Destruction of Old Records. -- A person subject to this section
shall destroy personally identifiable information as soon as
practicable, but no later than one year from the date the information is
no longer necessary for the purpose for which it was collected and there
are no pending requests or orders for access to such information under
subsection (b)(2) or (c)(2) or pursuant to a court order.
(f) Preemption. -- The provisions of this section preempt only the
provisions of State or local law that require disclosure prohibited by
this section.
(Added Pub. L. 100-618, 2(a)(2), Nov. 5, 1988, 102 Stat. 3195.)
The Federal Rules of Criminal Procedure, referred to in subsec.
(b)(2)(C), are set out in the Appendix to this title.
A prior section 2710 was renumbered section 2711 of this title.
18 USC 2711. Definitions for chapter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) the terms defined in section 2510 of this title have,
respectively, the definitions given such terms in that section; and
(2) the term ''remote computing service'' means the provision to the
public of computer storage or processing services by means of an
electronic communications system.
(Added Pub. L. 99-508, title II, 201((a)), Oct. 21, 1986, 100 Stat.
1868, 2710; renumbered 2711, Pub. L. 100-618, 2(a)(1), Nov. 5,
1988, 102 Stat. 3195.)
1988 -- Pub. L. 100-618 renumbered section 2710 of this title as
this section.
18 USC PART II -- CRIMINAL PROCEDURE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Chap. Sec.
201. General provisions 3001
203. Arrest and commitment 3041
204. Rewards for information concerning terrorists acts /1/ 3071
205. Searches and seizures 3101
206. Pen Registers and Trap and Trace Devices /2/ 3121
207. Release and detention pending judicial proceedings 3141
208. Speedy trial 3161
209. Extradition 3181
211. Jurisdiction and venue 3231
213. Limitations 3281
215. Grand jury 3321
216. Special grand jury 3331
217. Indictment and information 3361
219. Trial by United States magistrates 3401
221. Arraignment, pleas and trial 3431
223. Witnesses and evidence 3481
224. Protection of witnesses 3521
225. Verdict 3531
227. Sentences 3551
229. Post-Sentence Administration /3/ 3601
231. Repealed
232. Miscellaneous Sentencing Provisions /2/ 3661
232A. Special forfeiture of collateral profits of crime 3681
233. Contempts 3691
235. Appeal 3731
(237. lRepealed.)
1988 -- Pub. L. 100-702, title IV, 404(a)(1), Nov. 19, 1988, 102
Stat. 4651, struck out item 237 ''Rules of criminal procedure''.
1986 -- Pub. L. 99-646, 41(d), Nov. 10, 1986, 100 Stat. 3600,
struck out item for chapter 232 ''Special forfeiture of collateral
profits of crime'' and added item for chapter 232A.
Pub. L. 99-508, title III, 301(b), Oct. 21, 1986, 100 Stat. 1872,
added item for chapter 206.
1984 -- Pub. L. 98-533, title I, 101(b), Oct. 19, 1984, 98 Stat.
2708, added item for chapter 204.
Pub. L. 98-473, title II, 203(d), 212(b), 1209(a), 1406(b), Oct.
12, 1984, 98 Stat. 1985, 2011, 2163, 2176, inserted ''and detention
pending judicial proceedings'' in item for chapter 207, added items for
chapters 224, 227, 229, 231, and 232, and struck out items for former
chapters 227 ''Sentence, judgment, and execution'', 229 ''Fines,
penalties and forfeitures'' and 231 ''Probation''.
1975 -- Pub. L. 93-619, title I, 102, Jan. 3, 1975, 88 Stat.
2086, added item for chapter 208.
1970 -- Pub. L. 91-452, title I, 101(b), Oct. 15, 1970, 84 Stat.
926, added item for chapter 216.
1968 -- Pub. L. 90-578, title III, 301(c), Oct. 17, 1968, 82 Stat.
1115, substituted ''Trial by United States magistrates'' for ''Trial by
commissioners'' in item for chapter 219.
1966 -- Pub. L. 89-465, 5(e)(2), June 22, 1966, 80 Stat. 217,
substituted ''Release'' for ''Bail'' in item for chapter 207.
/1/ So in original. Does not conform to chapter heading.
/2/ So in original. First word only of item should be capitalized.
/3/ So in original. Does not conform to chapter heading and first
word only of item should be capitalized.
18 USC CHAPTER 201 -- GENERAL PROVISIONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3001. Procedure governed by rules; scope, purpose and effect;
definition of terms; local rules; forms -- Rule.
3002. Courts always open -- Rule.
3003. Calendars -- Rule.
3004. Decorum in court room -- Rule.
3005. Counsel and witnesses in capital cases.
3006. Assignment of counsel -- Rule.
3006A. Adequate representation of defendants.
3007. Motions -- Rule.
3008. Service and filing of papers -- Rule.
3009. Records -- Rule.
3010. Exceptions unnecessary -- Rule.
3011. Computation of time -- Rule.
3012. Repealed.
3013. Special assessment on convicted persons.
1984 -- Pub. L. 98-473, title II, 218(c), 1405(b), Oct. 12, 1984,
98 Stat. 2027, 2175, added item 3013 and substituted ''Repealed'' for
''Orders respecting persons in custody'' in item 3012.
1964 -- Pub. L. 88-455, 4, Aug. 20, 1964, 78 Stat. 554, added
item 3006A.
Pub. L. 89-197, 1-11, Sept. 22, 1965, 79 Stat. 828, as amended by
Pub. L. 89-798, Nov. 8, 1966, 80 Stat. 1503, was repealed by Pub. L.
90-351, title I, 405, June 19, 1968, 82 Stat. 204, subject to the
provisions of section 3745 of Title 42, The Public Health and Welfare.
See section 3701 et seq. (chapter 46) of Title 42. Such Act had
provided for grants and contracts for improvement of quality of state
and local personnel through professional training; grants and contracts
to improve state and local law enforcement techniques; delegation and
redelegation of powers; contributions to program by recipients, rules
and regulations, necessary stipends, and allowances; studies by
Attorney General and technical assistance to states; prohibition
against control over local agencies; advisory committees, compensation,
and expenses; term of program; appropriations; and reports to
President and Congress.
Designation of Attorney General to coordinate federal law enforcement
and crime prevention program, see Ex. Ord. No. 11396, Feb. 7, 1968, 33
F.R. 2689, set out as a note preceding section 1 of this title.
18 USC 3001. Procedure governed by rules; scope, purpose and effect;
definition of terms; local rules; forms -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Scope, rule 1.
Purpose and construction, rule 2.
Proceedings to which rules apply, rules 54 and 59.
Definition, rule 54(c).
Rules of District Courts and Circuit Courts of Appeal, rule 57.
Forms, rule 58.
Effective date, rule 59.
Citation of rule, rule 60.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 USC 3002. Courts always open -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Business hours, rule 56.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 USC 3003. Calendars -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Preference to criminal cases, rule 50.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 USC 3004. Decorum in court room -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Photographing or radio broadcasting prohibited, rule 53.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 USC 3005. Counsel and witnesses in capital cases
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever is indicted for treason or other capital crime shall be
allowed to make his full defense by counsel learned in the law; and the
court before which he is tried, or some judge thereof, shall
immediately, upon his request, assign to him such counsel, not exceeding
two, as he may desire, who shall have free access to him at all
reasonable hours. He shall be allowed, in his defense to make any proof
that he can produce by lawful witnesses, and shall have the like process
of the court to compel his witnesses to appear at his trial, as is
usually granted to compel witnesses to appear on behalf of the
prosecution.
(June 25, 1948, ch. 645, 62 Stat. 814.)
Based on title 18, U.S.C., 1940 ed., 563 (R.S. 1034).
Changes were made in phraseology.
Assistance of counsel, see Const. Amend. VI.
Compulsory process for obtaining witnesses in criminal prosecutions,
see Const. Amend. VI.
18 USC 3006. Assignment of counsel -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Appointment by court, rule 44.
Accused to be informed of right to counsel, rules 5 and 44.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 USC 3006A. Adequate representation of defendants
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Choice of Plan. -- Each United States district court, with the
approval of the judicial council of the circuit, shall place in
operation throughout the district a plan for furnishing representation
for any person financially unable to obtain adequate representation in
accordance with this section. Representation under each plan shall
include counsel and investigative, expert, and other services necessary
for adequate representation. Each plan shall provide the following:
(1) Representation shall be provided for any financially eligible
person who --
(A) is charged with a felony or a Class A misdemeanor;
(B) is a juvenile alleged to have committed an act of juvenile
delinquency as defined in section 5031 of this title;
(C) is charged with a violation of probation;
(D) is under arrest, when such representation is required by law;
(E) is charged with a violation of supervised release or faces
modification, reduction, or enlargement of a condition, or extension or
revocation of a term of supervised release;
(F) is subject to a mental condition hearing under chapter 313 of
this title;
(G) is in custody as a material witness;
(H) is entitled to appointment of counsel under the sixth amendment
to the Constitution;
(I) faces loss of liberty in a case, and Federal law requires the
appointment of counsel; or
(J) is entitled to the appointment of counsel under section 4109 of
this title.
(2) Whenever the United States magistrate or the court determines
that the interests of justice so require, representation may be provided
for any financially eligible person who --
(A) is charged with a Class B or C misdemeanor, or an infraction for
which a sentence to confinement is authorized; or
(B) is seeking relief under section 2241, 2254, or 2255 of title 28.
(3) Private attorneys shall be appointed in a substantial proportion
of the cases. Each plan may include, in addition to the provisions for
private attorneys, either of the following or both:
(A) Attorneys furnished by a bar association or a legal aid agency,
(B) Attorneys furnished by a defender organization established in
accordance with the provisions of subsection (g).
Prior to approving the plan for a district, the judicial council of
the circuit shall supplement the plan with provisions for representation
on appeal. The district court may modify the plan at any time with the
approval of the judicial council of the circuit. It shall modify the
plan when directed by the judicial council of the circuit. The district
court shall notify the Administrative Office of the United States Courts
of any modification of its plan.
(b) Appointment of Counsel. -- Counsel furnishing representation
under the plan shall be selected from a panel of attorneys designated or
approved by the court, or from a bar association, legal aid agency, or
defender organization furnishing representation pursuant to the plan.
In every case in which a person entitled to representation under a plan
approved under subsection (a) appears without counsel, the United States
magistrate or the court shall advise the person that he has the right to
be represented by counsel and that counsel will be appointed to
represent him if he is financially unable to obtain counsel. Unless the
person waives representation by counsel, the United States magistrate or
the court, if satisfied after appropriate inquiry that the person is
financially unable to obtain counsel, shall appoint counsel to represent
him. Such appointment may be made retroactive to include any
representation furnished pursuant to the plan prior to appointment. The
United States magistrate or the court shall appoint separate counsel for
persons having interests that cannot properly be represented by the same
counsel, or when other good cause is shown.
(c) Duration and Substitution of Appointments. -- A person for whom
counsel is appointed shall be represented at every stage of the
proceedings from his initial appearance before the United States
magistrate or the court through appeal, including ancillary matters
appropriate to the proceedings. If at any time after the appointment of
counsel the United States magistrate or the court finds that the person
is financially able to obtain counsel or to make partial payment for the
representation, it may terminate the appointment of counsel or authorize
payment as provided in subsection (f), as the interests of justice may
dictate. If at any stage of the proceedings, including an appeal, the
United States magistrate or the court finds that the person is
financially unable to pay counsel whom he had retained, it may appoint
counsel as provided in subsection (b) and authorize payment as provided
in subsection (d), as the interests of justice may dictate. The United
States magistrate or the court may, in the interests of justice,
substitute one appointed counsel for another at any stage of the
proceedings.
(d) Payment for Representation. --
(1) Hourly Rate. -- Any attorney appointed pursuant to this section
or a bar association or legal aid agency or community defender
organization which has provided the appointed attorney shall, at the
conclusion of the representation or any segment thereof, be compensated
at a rate not exceeding $60 per hour for time expended in court or
before a United States magistrate and $40 per hour for time reasonably
expended out of court, unless the Judicial Conference determines that a
higher rate of not in excess of $75 per hour is justified for a circuit
or for particular districts within a circuit, for time expended in court
or before a United States magistrate and for time expended out of court.
The Judicial Conference shall develop guidelines for determining the
maximum hourly rates for each circuit in accordance with the preceding
sentence, with variations by district, where appropriate, taking into
account such factors as the minimum range of the prevailing hourly rates
for qualified attorneys in the district in which the representation is
provided and the recommendations of the judicial councils of the
circuits. Not less than 3 years after the effective date of the
Criminal Justice Act Revision of 1986, the Judicial Conference is
authorized to raise the maximum hourly rates specified in this paragraph
up to the aggregate of the overall average percentages of the
adjustments in the rates of pay under the General Schedule made pursuant
to section 5305 /1/ of title 5 on or after such effective date. After
the rates are raised under the preceding sentence, such maximum hourly
rates may be raised at intervals of not less than 1 year each, up to the
aggregate of the overall average percentages of such adjustments made
since the last raise was made under this paragraph. Attorneys shall be
reimbursed for expenses reasonably incurred, including the costs of
transcripts authorized by the United States magistrate or the court.
(2) Maximum Amounts. -- For representation of a defendant before the
United States magistrate or the district court, or both, the
compensation to be paid to an attorney or to a bar association or legal
aid agency or community defender organization shall not exceed $3,500
for each attorney in a case in which one or more felonies are charged,
and $1,000 for each attorney in a case in which only misdemeanors are
charged. For representation of a defendant in an appellate court, the
compensation to be paid to an attorney or to a bar association or legal
aid agency or community defender organization shall not exceed $2,500
for each attorney in each court. For representation of an offender
before the United States Parole Commission in a proceeding under section
4106A of this title, the compensation shall not exceed $750 for each
attorney in each proceeding; for representation of an offender in an
appeal from a determination of such Commission under such section, the
compensation shall not exceed $2,500 for each attorney in each court.
For any other representation required or authorized by this section, the
compensation shall not exceed $750 for each attorney in each proceeding.
(3) Waiving Maximum Amounts. -- Payment in excess of any maximum
amount provided in paragraph (2) of this subsection may be made for
extended or complex representation whenever the court in which the
representation was rendered, or the United States magistrate if the
representation was furnished exclusively before him, certifies that the
amount of the excess payment is necessary to provide fair compensation
and the payment is approved by the chief judge of the circuit. The
chief judge of the circuit may delegate such approval authority to an
active circuit judge.
(4) Filing Claims. -- A separate claim for compensation and
reimbursement shall be made to the district court for representation
before the United States magistrate and the court, and to each appellate
court before which the attorney provided representation to the person
involved. Each claim shall be supported by a sworn written statement
specifying the time expended, services rendered, and expenses incurred
while the case was pending before the United States magistrate and the
court, and the compensation and reimbursement applied for or received in
the same case from any other source. The court shall fix the
compensation and reimbursement to be paid to the attorney or to the bar
association or legal aid agency or community defender organization which
provided the appointed attorney. In cases where representation is
furnished exclusively before a United States magistrate, the claim shall
be submitted to him and he shall fix the compensation and reimbursement
to be paid. In cases where representation is furnished other than
before the United States magistrate, the district court, or an appellate
court, claims shall be submitted to the district court which shall fix
the compensation and reimbursement to be paid.
(5) New Trials. -- For purposes of compensation and other payments
authorized by this section, an order by a court granting a new trial
shall be deemed to initiate a new case.
(6) Proceedings Before Appellate Courts. -- If a person for whom
counsel is appointed under this section appeals to an appellate court or
petitions for a writ of certiorari, he may do so without prepayment of
fees and costs or security therefor and without filing the affidavit
required by section 1915(a) of title 28.
(e) Services Other Than Counsel. --
(1) Upon Request. -- Counsel for a person who is financially unable
to obtain investigative, expert, or other services necessary for
adequate representation may request them in an ex parte application.
Upon finding, after appropriate inquiry in an ex parte proceeding, that
the services are necessary and that the person is financially unable to
obtain them, the court, or the United States magistrate if the services
are required in connection with a matter over which he has jurisdiction,
shall authorize counsel to obtain the services.
(2) Without Prior Request. -- (A) Counsel appointed under this
section may obtain, subject to later review, investigative, expert, and
other services without prior authorization if necessary for adequate
representation. Except as provided in subparagraph (B) of this
paragraph, the total cost of services obtained without prior
authorization may not exceed $300 and expenses reasonably incurred.
(B) The court, or the United States magistrate (if the services were
rendered in a case disposed of entirely before the United States
magistrate), may, in the interest of justice, and upon the finding that
timely procurement of necessary services could not await prior
authorization, approve payment for such services after they have been
obtained, even if the cost of such services exceeds $300.
(3) Maximum Amounts. -- Compensation to be paid to a person for
services rendered by him to a person under this subsection, or to be
paid to an organization for services rendered by an employee thereof,
shall not exceed $1,000, exclusive of reimbursement for expenses
reasonably incurred, unless payment in excess of that limit is certified
by the court, or by the United States magistrate if the services were
rendered in connection with a case disposed of entirely before him, as
necessary to provide fair compensation for services of an unusual
character or duration, and the amount of the excess payment is approved
by the chief judge of the circuit. The chief judge of the circuit may
delegate such approval authority to an active circuit judge.
(f) Receipt of Other Payments. -- Whenever the United States
magistrate or the court finds that funds are available for payment from
or on behalf of a person furnished representation, it may authorize or
direct that such funds be paid to the appointed attorney, to the bar
association or legal aid agency or community defender organization which
provided the appointed attorney, to any person or organization
authorized pursuant to subsection (e) to render investigative, expert,
or other services, or to the court for deposit in the Treasury as a
reimbursement to the appropriation, current at the time of payment, to
carry out the provisions of this section. Except as so authorized or
directed, no such person or organization may request or accept any
payment or promise of payment for representing a defendant.
(g) Defender Organization. --
(1) Qualifications. -- A district or a part of a district in which at
least two hundred persons annually require the appointment of counsel
may establish a defender organization as provided for either under
subparagraphs (A) or (B) of paragraph (2) of this subsection or both.
Two adjacent districts or parts of districts may aggregate the number of
persons required to be represented to establish eligibility for a
defender organization to serve both areas. In the event that adjacent
districts or parts of districts are located in different circuits, the
plan for furnishing representation shall be approved by the judicial
council of each circuit.
(2) Types of Defender Organizations. --
(A) Federal Public Defender Organization. -- A Federal Public
Defender Organization shall consist of one or more full-time salaried
attorneys. An organization for a district or part of a district or two
adjacent districts or parts of districts shall be supervised by a
Federal Public Defender appointed by the court of appeals of the
circuit, without regard to the provisions of title 5 governing
appointments in the competitive service, after considering
recommendations from the district court or courts to be served. Nothing
contained herein shall be deemed to authorize more than one Federal
Public Defender within a single judicial district. The Federal Public
Defender shall be appointed for a term of four years, unless sooner
removed by the court of appeals of the circuit for incompetency,
misconduct in office, or neglect of duty. Upon the expiration of his
term, a Federal Public Defender may, by a majority vote of the judges of
the court of appeals, continue to perform the duties of his office until
his successor is appointed, or until one year after the expiration of
such Defender's term, whichever is earlier. The compensation of the
Federal Public Defender shall be fixed by the court of appeals of the
circuit at a rate not to exceed the compensation received by the United
States attorney for the district where representation is furnished or,
if two districts or parts of districts are involved, the compensation of
the higher paid United States attorney of the districts. The Federal
Public Defender may appoint, without regard to the provisions of title 5
governing appointments in the competitive service, full-time attorneys
in such number as may be approved by the court of appeals of the circuit
and other personnel in such number as may be approved by the Director of
the Administrative Office of the United States Courts. Compensation
paid to such attorneys and other personnel of the organization shall be
fixed by the Federal Public Defender at a rate not to exceed that paid
to attorneys and other personnel of similar qualifications and
experience in the Office of the United States attorney in the district
where representation is furnished or, if two districts or parts of
districts are involved, the higher compensation paid to persons of
similar qualifications and experience in the districts. Neither the
Federal Public Defender nor any attorney so appointed by him may engage
in the private practice of law. Each organization shall submit to the
Director of the Administrative Office of the United States Courts, at
the time and in the form prescribed by him, reports of its activities
and financial position and its proposed budget. The Director of the
Administrative Office shall submit, in accordance with section 605 of
title 28, a budget for each organization for each fiscal year and shall
out of the appropriations therefor make payments to and on behalf of
each organization. Payments under this subparagraph to an organization
shall be in lieu of payments under subsection (d) or (e).
(B) Community Defender Organization. -- A Community Defender
Organization shall be a non-profit defense counsel service established
and administered by any group authorized by the plan to provide
representation. The organization shall be eligible to furnish attorneys
and receive payments under this section if its bylaws are set forth in
the plan of the district or districts in which it will serve. Each
organization shall submit to the Judicial Conference of the United
States an annual report setting forth its activities and financial
position and the anticipated caseload and expenses for the next fiscal
year. Upon application an organization may, to the extent approved by
the Judicial Conference of the United States:
(i) receive an initial grant for expenses necessary to establish the
organization; and
(ii) in lieu of payments under subsection (d) or (e), receive
periodic sustaining grants to provide representation and other expenses
pursuant to this section.
(3) Malpractice and Negligence Suits. -- The Director of the
Administrative Office of the United States Courts shall, to the extent
the Director considers appropriate, provide representation for and hold
harmless, or provide liability insurance for, any person who is an
officer or employee of a Federal Public Defender Organization
established under this subsection, or a Community Defender Organization
established under this subsection which is receiving periodic sustaining
grants, for money damages for injury, loss of liberty, loss of property,
or personal injury or death arising from malpractice or negligence of
any such officer or employee in furnishing representational services
under this section while acting within the scope of that person's office
or employment.
(h) Rules and Reports. -- Each district court and court of appeals of
a circuit shall submit a report on the appointment of counsel within its
jurisdiction to the Administrative Office of the United States Courts in
such form and at such times as the Judicial Conference of the United
States may specify. The Judicial Conference of the United States may,
from time to time, issue rules and regulations governing the operation
of plans formulated under this section.
(i) Appropriations. -- There are authorized to be appropriated to the
United States courts, out of any money in the Treasury not otherwise
appropriated, sums necessary to carry out the provisions of this
section, including funds for the continuing education and training of
persons providing representational services under this section. When so
specified in appropriation acts, such appropriations shall remain
available until expended. Payments from such appropriations shall be
made under the supervision of the Director of the Administrative Office
of the United States Courts.
(j) Districts Included. -- As used in this section, the term
''district court'' means each district court of the United States
created by chapter 5 of title 28, the District Court of the Virgin
Islands, the District Court for the Northern Mariana Islands, and the
District Court of Guam.
(k) Applicability in the District of Columbia. -- The provisions of
this section shall apply in the United States District Court for the
District of Columbia and the United States Court of Appeals for the
District of Columbia Circuit. The provisions of this section shall not
apply to the Superior Court of the District of Columbia and the District
of Columbia Court of Appeals.
(Added Pub. L. 88-455, 2, Aug. 20, 1964, 78 Stat. 552; amended Pub.
L. 90-578, title III, 301(a)(1), Oct. 17, 1968, 82 Stat. 1115; Pub. L.
91-447, 1, Oct. 14, 1970, 84 Stat. 916; Pub. L. 93-412, 3, Sept. 3,
1974, 88 Stat. 1093; Pub. L. 97-164, title II, 206(a), (b), Apr. 2,
1982, 96 Stat. 53; Pub. L. 98-473, title II, 223(e), 405, 1901, Oct.
12, 1984, 98 Stat. 2028, 2067, 2185; Pub. L. 99-651, title I, 102,
103, Nov. 14, 1986, 100 Stat. 3642, 3645; Pub. L. 100-182, 19, Dec. 7,
1987, 101 Stat. 1270; Pub. L. 100-690, title VII, 7101(f), Nov. 18,
1988, 102 Stat. 4416.)
The effective date of the Criminal Justice Act Revision of 1986,
referred to in subsec. (d)(1), is, with qualifications, 120 days after
Nov. 14, 1986. See section 105 of Pub. L. 99-651, set out below as an
Effective Date of 1986 Amendment note.
Section 5305 of title 5, referred to in subsec. (d)(1), was amended
generally by Pub. L. 101-509, title V, 529 (title I, 101(a)(1)), Nov.
5, 1990, 104 Stat. 1427, 1436, and, as so amended, does not relate to
adjustments in the rate of pay under the General Schedule. See section
5303 of Title 5, Government Organization and Employees.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (g)(2)(A), are classified to section
3301 et seq. of Title 5.
1988 -- Subsec. (a)(1)(J). Pub. L. 100-690, 7101(f)(1), added
subpar. (J).
Subsec. (d)(2). Pub. L. 100-690, 7101(f)(2), inserted provisions at
end to representation of offender before United States Parole
Commission, and in appeal from determination of such Commission.
1987 -- Subsec. (a)(1)(E) to (I). Pub. L. 100-182 added subpar.
(E) and redesignated former subpars. (E) to (H) as (F) to (I),
respectively.
1986 -- Subsec. (a). Pub. L. 99-651, 103, made technical amendments
to Pub. L. 98-473, 223(e), see 1984 Amendment note below.
Pub. L. 99-651, 102(a)(1), substituted ''in accordance with this
section. Representation under each plan shall include counsel and
investigative, expert, and other services necessary for adequate
representation. Each plan shall provide the following:'' and pars. (1)
to (3) for prior provisions which read as follows: ''(1) who is charged
with a felony or misdemeanor (other than a petty offense as defined in
section 1 of this title) or with juvenile delinquency by the commission
of an act which, if committed by an adult, would be such a felony or
misdemeanor or with a violation of probation, (2) who is under arrest,
when such representation is required by law, (3) who is subject to
revocation of parole, in custody as a material witness, or seeking
collateral relief, as provided in subsection (g), (4) whose mental
condition is the subject of a hearing pursuant to chapter 313 of this
title, or (5) for whom the Sixth Amendment to the Constitution requires
the appointment of counsel or for whom, in a case in which he faces loss
of liberty, any Federal law requires the appointment of counsel.
Representation under each plan shall include counsel and investigative,
expert, and other services necessary for an adequate defense. Each plan
shall include a provision for private attorneys. The plan may include,
in addition to a provision for private attorneys in a substantial
proportion of cases, either of the following or both:
''(1) attorneys furnished by a bar association or a legal aid agency;
or
''(2) attorneys furnished by a defender organization established in
accordance with the provisions of subsection (h).''
Subsec. (b). Pub. L. 99-651, 102(a)(2), substituted ''In every case
in which a person entitled to representation under a plan approved under
subsection (a)'' for ''In every criminal case in which the defendant is
charged with a felony or a misdemeanor (other than a petty offense as
defined in section 1 of this title) or with juvenile delinquency by the
commission of an act which, if committed by an adult, would be such a
felony or misdemeanor or with a violation of probation and'' and
substituted ''person'' for ''defendant'' and ''persons'' for
''defendants'' wherever appearing.
Subsec. (d)(1). Pub. L. 99-651, 102(a)(3)(A), substituted ''court,
unless the Judicial Conference determines that a higher rate of not in
excess of $75 per hour is justified for a circuit or for particular
districts within a circuit, for time expended in court or before a
United States magistrate and for time expended out of court. The
Judicial Conference shall develop guidelines for determining the maximum
hourly rates for each circuit in accordance with the preceding sentence,
with variations by district, where appropriate, taking into account such
factors as the minimum range of the prevailing hourly rates for
qualified attorneys in the district in which the representation is
provided and the recommendations of the judicial councils of the
circuits. Not less than 3 years after the effective date of the
Criminal Justice Act Revision of 1986, the Judicial Conference is
authorized to raise the maximum hourly rates specified in this paragraph
up to the aggregate of the overall average percentages of the
adjustments in the rates of pay under the General Schedule made pursuant
to section 5305 of title 5 on or after such effective date. After the
rates are raised under the preceding sentence, such maximum hourly rates
may be raised at intervals of not less than 1 year each, up to the
aggregate of the overall average percentages of such adjustments made
since the last raise was made under this paragraph. Attorneys'' for
''court. Such attorney''.
Subsec. (d)(2). Pub. L. 99-651, 102(a)(3)(B), substituted ''$3,500''
for ''$2,000'', ''$1,000'' for ''$800'', ''$2,500'' for ''$2,000'', and
substituted provision that for any other representation required or
authorized by this section, the compensation shall not exceed $750 for
each attorney in each proceeding, for provision that for representation
in connection with a post-trial motion made after the entry of judgment
or in a probation revocation proceeding or for representation provided
under subsection (g) the compensation could not exceed $500 for each
attorney in each proceeding in each court.
Subsec. (d)(3). Pub. L. 99-651, 102(a)(3)(C), inserted provision
that the chief judge of the circuit may delegate such approval authority
to an active circuit judge.
Subsec. (d)(4). Pub. L. 99-651, 102(a)(3)(D), substituted ''provided
representation to the person involved'' for ''represented the
defendant''.
Subsec. (e)(1). Pub. L. 99-651, 102(a)(4)(A), substituted ''adequate
representation'' for ''an adequate defense''.
Subsec. (e)(2). Pub. L. 99-651, 102(a)(4)(B), designated existing
provisions as subpar. (A), and substituted reference to adequate
representation for reference to an adequate defense, inserted exception
relating to subpar. (B), increased the authorized amount for services
from $150 to $300, and added subpar. (B).
Subsec. (e)(3). Pub. L. 99-651, 102(a)(4)(C), substituted ''$1,000''
for ''$300'' and inserted provision that the chief judge of the circuit
may delegate such approval authority to an active circuit judge.
Subsec. (g). Pub. L. 99-651, 102(b)(1), redesignated subsec. (h) as
(g), and struck out former subsec. (g) which provided for discretionary
appointments by the court or magistrate.
Subsec. (g)(2)(A), formerly (h)(2)(A). Pub. L. 99-651,
102(a)(5)(A), substituted ''in accordance with section 605 of title 28''
for ''similarly as under title 28, United States Code, section 605, and
subject to the conditions of that section'', and after fourth sentence
inserted provision authorizing the continuation in office, upon a
majority vote of the judges of the court of appeals, of a Federal Public
Defender whose term has expired until appointment of a successor or
until one year after the expiration of such Defender's term, whichever
is earlier.
Subsec. (g)(2)(B), formerly (h)(2)(B). Pub. L. 99-651,
102(a)(5)(B), substituted ''for the next fiscal year'' for ''for the
coming year'' in introductory provisions.
Subsec. (g)(3), formerly (h)(3). Pub. L. 99-651, 102(a)(5)(C),
added par. (3).
Subsec. (h). Pub. L. 99-651, 102(b)(1), redesignated subsec. (i) as
(h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 99-651, 102(a)(6), (b)(1), redesignated subsec.
(j) as (i) and inserted provision for funding continuing education and
training of persons providing representational services under this
section. Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 99-651, 102(b), redesignated subsec. (k) as
(j), and amended subsec. (j) generally to include the District Court
for the Northern Mariana Islands. Former subsec. (j) redesignated (i).
Subsecs. (k), (l). Pub. L. 99-651, 102(a)(7), (b)(1), redesignated
subsec. (l) as (k) and substituted ''this section shall apply'' for
''this Act, other than subsection (h) of section 1, shall apply'' and
''this section shall not apply'' for ''this Act shall not apply''.
Former subsec. (k) redesignated (j).
1984 -- Subsec. (a). Pub. L. 98-473, 405(a), added cl. (4) and
redesignated former cl. (4) as (5).
Subsec. (a)(1)(A). Pub. L. 98-473, 223(e)(1), as amended by Pub. L.
99-651, 103, substituted ''Class A misdemeanor'' for ''misdemeanor
(other than a petty offense as defined in section 1 of this title)''.
Subsec. (a)(1)(E) to (I). Pub. L. 98-473, 223(e)(2), as amended by
Pub. L. 99-651, 103, redesignated subpars. (F) to (I) as (E) to (H),
respectively, and struck out former subpar. (E) which required that
representation be provided for any financially eligible person who was
entitled to appointment of counsel in parole proceedings under chapter
311 of this title.
Subsec. (a)(2)(A). Pub. L. 98-473, 223(e)(3), as amended by Pub. L.
99-651, 103, substituted ''Class B or C misdemeanor, or an infraction''
for ''petty offense''.
Subsec. (d)(1). Pub. L. 98-473, 1901(1)-(3), substituted ''$60'' for
''$30'' and ''$40'' for ''$20'', and struck out '', or such other hourly
rate, fixed by the Judicial Council of the Circuit, not to exceed the
minimum hourly scale established by a bar association for similar
services rendered in the district'' at end of first sentence.
Subsec. (d)(2). Pub. L. 98-473, 1901(4)-(6), substituted ''$2,000''
for ''$1,000'' in two places, ''$800'' for ''$400'', and ''$500'' for
''$250''.
Subsec. (g). Pub. L. 98-473, 405(b), struck out reference to section
4245 of title 18.
1982 -- Subsec. (h)(2)(A). Pub. L. 97-164, 206(a), substituted
''court of appeals'' for ''judicial council'' wherever appearing and
''court of appeals of the circuit'' for ''Judicial Council of the
Circuit''.
Subsec. (i). Pub. L. 97-164, 206(b), substituted ''court of
appeals'' for ''judicial council''.
1974 -- Subsec. (l). Pub. L. 93-412 substituted ''shall apply in the
United States District Court for the District of Columbia and the United
States Court of Appeals for the District of Columbia Circuit. The
provisions of this Act shall not apply to the Superior Court of the
District of Columbia and the District of Columbia Court of Appeals'',
for ''shall be applicable in the District of Columbia'', and struck out
provisions that the plan of the District of Columbia shall be approved
jointly by the Judicial Council of the District of Columbia Circuit and
the District of Columbia Court of Appeals.
1970 -- Subsec. (a). Pub. L. 91-447, 1(a), expanded coverage of
district court plan for furnishing representation to financially
disabled persons to include defendants charged with violation of
probation, any person under arrest when such representation is required
by law, any person who is subject to revocation of parole, in custody as
a material witness, or seeking collateral relief as provided in subsec.
(g) of this section, and any person for whom the Sixth Amendment to the
Constitution requires appointment of counsel or for whom, in a case in
which he faces loss of liberty, any Federal law requires the appointment
of counsel, and required each plan to include a provision for
participation by private attorneys in a substantial proportion of cases,
as well as permitting attorneys to be furnished by bar, legal aid, or
defender organizations in accordance with subsec. (h) of this section.
Subsec. (b). Pub. L. 91-447, 1(a), provided for appointment of
counsel from a bar association, legal aid agency, or defender
organization as well as from a panel of attorneys approved by the court,
expanded advice to defendant of right to appointment of counsel where
defendant is charged with juvenile delinquency by the commission of an
act which, if committed by an adult, would be a felony or misdemeanor or
with violation of probation, and provided for appointment of counsel to
be retroactive so as to include any representation furnished pursuant to
the plan prior to appointment.
Subsec. (c). Pub. L. 91-447, 1(a), expanded the scope of
representation by appointed counsel to include ancillary matters
appropriate to the proceedings.
Subsec. (d). Pub. L. 91-447, 1(a), raised the rate of compensation
not to exceed $30 per hour for time expended in court and $20 per hour
for time reasonably expended out of court, increased the limit to $1,000
for each attorney in a case involving one or more alleged felonies and
$400 for each attorney in a case in which one or more misdemeanors are
charged, established a $1,000 maximum for each attorney in each court
for cases on appeal and provided a $250 maximum for each attorney for
representation in connection with a post-trial motion, probation
revocation proceedings and matters covered by subsec. (g) such as
parole revocation and collateral relief proceedings, provided for waiver
of maximum amounts and payment in excess of those amounts for extended
or complex representation upon approval of the chief judge of the
circuit, provided for separate claims of compensation to be submitted to
the appropriate court, thus a U.S. magistrate fixes compensation in
cases before him, appellate court fixes compensation in cases before it
and in all other instances claims are to be made to the district court,
provided a court order granting a new trial is deemed to initiate a new
case for the purpose of compensation, and facilitate appellate
proceedings by allowing a defendant for whom counsel is appointed to
appeal or petition for a writ of certiorari without prepayment of fees
and cost of security therefore and without filing the affidavit required
by section 1915(a).
Subsec. (e). Pub. L. 91-447, 1(a), limited to $150, plus reasonable
expenses, subject to later review and approval by the court, the cost of
investigative, expert, or other services necessary for an adequate
defense where these services are obtained without prior authorization
because circumstances prevented counsel from securing prior court
authorization, maintained existing limit on payment for authorized
services at a $300 maximum but permitted waiver of that maximum if the
court certifies that payment in excess of that limit is necessary to
provide fair compensation, and provided that the amount of any excess
payment must be approved by the chief judge of the circuit.
Subsec. (f). Pub. L. 91-447, 1(a), substantially reenacted subsec.
(f).
Subsecs. (g) to (k). Pub. L. 91-447, 1(b), added subsecs. (g) and
(h) and redesignated existing subsecs. (g) to (i) as (i) to (k),
respectively.
Subsec. (l). Pub. L. 91-447, 1(c), added subsec. (l).
1968 -- Subsecs. (b) to (d). Pub. L. 90-578 substituted ''United
States magistrate'' for ''United States commissioner'' wherever
appearing.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Section 26 of Pub. L. 100-182 provided that: ''The amendments made
by this Act (amending this section, sections 3553, 3561, 3563, 3564,
3583, 3663, 3672, 3742, and 4106 of this title, section 994 of Title 28,
Judiciary and Judicial Procedure, and sections 504 and 1111 of Title 29,
Labor, enacting provisions set out as notes under sections 3551 and 3553
of this title, rule 35 of the Federal Rules of Criminal Procedure, set
out in the Appendix to this title, and section 994 of Title 28, and
amending provisions set out as a note under section 3551 of this title)
shall apply with respect to offenses committed after the enactment of
this Act (Dec. 7, 1987).''
Section 105 of title I of Pub. L. 99-651 provided that: ''This
title and the amendments made by this title (amending this section and
section 1825 of Title 28, Judiciary and Judicial Procedure, and enacting
provisions set out as a note under this section) shall take effect one
hundred and twenty days after the date of enactment of this Act (Nov.
14, 1986). The maximum hourly rates provided in section 3006A(d)(1) of
title 18, United States Code, as amended by section 102(a)(3)(A) of this
Act, shall apply only to services performed on or after the effective
date of this title. The maximum allowed for compensation for a case, as
provided in section 3006A(d)(2) of title 18, United States Code, as
amended by section 102(a)(3)(B) of this Act, shall apply only to
compensation claims in which some portion of the claim is for services
performed on or after the effective date of this title. The maximum
compensation allowed pursuant to section 3006A(e) of title 18, United
States Code, as amended by subparagraphs (B) and (C) of section
102(a)(4) of this Act, shall apply only to services obtained on or after
the effective date of this title.''
Amendment by section 223(e) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Section 4 of Pub. L. 93-412 provided in part that the amendment of
subsec. (l) of this section by Pub. L. 93-412 shall take effect on
Sept. 3, 1974.
Section 3 of Pub. L. 91-447 provided that: ''The amendments made by
section 1 of this Act (amending this section) shall become effective one
hundred and twenty days after the date of enactment (Oct. 14, 1970).''
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
Section 101 of title I of Pub. L. 99-651 provided that: ''This
title (amending this section and section 1825 of Title 28, Judiciary and
Judicial Procedure, and enacting provisions set out as a note under this
section) may be referred to as the 'Criminal Justice Act Revision of
1986'.''
Section 1901 of chapter XIX ( 1901) of title II of Pub. L. 98-473
provided in part that: ''This chapter (amending this section) may be
cited as the 'Criminal Justice Act Revision of 1984'.''
Section 1 of Pub. L. 88-455 provided: ''That this Act (enacting
this section and provisions set out as a note under this section) may be
cited as the 'Criminal Justice Act of 1964.'''
Section 206(c) of Pub. L. 97-164 provided that: ''The amendments
made by subsection (a) of this section (amending subsec. (h)(2)(A) of
this section) shall not affect the term of existing appointments.''
Pub. L. 102-572, title VII, 702, Oct. 29, 1992, 106 Stat. 4515,
provided that: ''The Administrator of General Services, in entering
into contracts providing for special rates to be charged by Federal
Government sources of supply, including common carriers and hotels (or
other commercial providers of lodging) for official travel and
accommodation of Federal Government employees, shall provide for
charging the same rates for attorneys, experts, and other persons
traveling primarily in connection with carrying out responsibilities
under section 3006A of title 18, United States Code, including community
defender organizations established under subsection (g) of that
section.''
Pub. L. 101-650, title III, 318, Dec. 1, 1990, 104 Stat. 5116, as
amended by Pub. L. 102-198, 9, Dec. 9, 1991, 105 Stat. 1626,
provided that:
''(a) Study Required. -- The Judicial Conference of the United States
shall conduct a study of the Federal defender program under the Criminal
Justice Act of 1964 (Pub. L. 88-455), as amended (enacting section 3006A
of title 18, United States Code).
''(b) Assessment of Program. -- In conducting the study, the Judicial
Conference shall assess the effectiveness of the Federal defender
program, including the following:
''(1) The impact of judicial involvement in the selection and
compensation of the Federal public defenders and the independence of
Federal defender organizations, including the establishment and
termination of Federal defender organizations and the Federal public
defender and the community defender options.
''(2) Equal employment and affirmative action procedures in the
various Federal defender programs.
''(3) Judicial involvement in the appointment and compensation of
panel attorneys and experts.
''(4) Adequacy of compensation for legal services provided under the
Criminal Justice Act of 1964.
''(5) The quality of the Criminal Justice Act of 1964 representation.
''(6) The adequacy of administrative support for defender services
programs.
''(7) Maximum amounts of compensation for attorneys with regard to
appeals of habeas corpus proceedings.
''(8) Contempt, sanctions, and malpractice representation of panel
attorneys.
''(9) Appointment of counsel in multidefendant cases.
''(10) Early appointment of counsel in general, and prior to the
pretrial services interview in particular.
''(11) The method and source of payment of the fees and expenses of
fact witnesses for defendants with limited funds.
''(12) The provisions of services or funds to financially eligible
arrested but unconvicted persons for noncustodial transportation and
subsistence expenses, including food and lodging, both prior to and
during judicial proceedings.
''(c) Report. -- No later than March 31, 1993, the Judicial
Conference shall transmit to the Committees on the Judiciary of the
Senate and the House of Representatives a report on the results of the
study required under subsection (a). The report shall include --
''(1) any recommendations for legislation that the Judicial
Conference finds appropriate;
''(2) a proposed formula for the compensation of Federal defender
program counsel that includes an amount to cover reasonable overhead and
a reasonable hourly fee; and
''(3) a discussion of any procedural or operational changes that the
Judicial Conference finds appropriate for implementation by the courts
of the United States.''
Pub. L. 101-45, title II, 102, June 30, 1989, 103 Stat. 122,
provided in part: ''That compensation and reimbursement of attorneys
and others as authorized under section 3006A of title 18, United States
Code, and section 1875(d) of title 28, United States Code, may
hereinafter be paid from funds appropriated for 'Defender Services' in
the year in which payment is required.''
Section 5(c) of Pub. L. 95-144, Oct. 28, 1977, 91 Stat. 1222,
provided that: ''The Attorney General shall certify to the
Administrative Office of the United States Courts those expenses which
it is obligated to pay on behalf of an indigent offender under section
3006A of title 18, United States Code, and similar statutes.''
Section 2 of Pub. L. 91-447 provided that: ''A United States
commissioner (now magistrate judge) for a district may exercise any
power, function, or duty authorized to be performed by a United States
magistrate (now magistrate judge) under the amendments made by section 1
of this Act (amending this section) if such commissioner had authority
to perform such power, function, or duty prior to the enactment of such
amendments.''
Section 3 of Pub. L. 88-455 directed each district court to submit a
plan in accord with section 3006A of this title and the rules of the
Judicial Conference of the United States to the judicial council of the
circuit within 6 months from Aug. 20, 1964, further directed each
judicial council to approve and send to the Administrative Office of the
United States courts a plan for each district in its circuit within 9
months from Aug. 20, 1964, and also directed each district court and
court of appeals to place its approved plan in operation within 1 year
from Aug. 20, 1964.
title 48 section 1694c.
/1/ See References in Text note below.
18 USC 3007. Motions -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Motions substituted for pleas in abatement and special pleas in bar,
rule 12.
Form and contents, rule 47.
(June 25, 1948, ch. 645, 62 Stat. 814.)
18 USC 3008. Service and filing of papers -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Requirement and manner of service; notice of orders; filing papers,
rule 49.
(June 25, 1948, ch. 645, 62 Stat. 815.)
18 USC 3009. Records -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Keeping of records by district court clerks and magistrates, rule 55.
(June 25, 1948, ch. 645, 62 Stat. 815; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(4), 82 Stat. 1115.)
1968 -- Pub. L. 90-578 substituted ''magistrates'' for
''commissioners''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
18 USC 3010. Exceptions unnecessary -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Objections substituted for exceptions, rule 51.
(June 25, 1948, ch. 645, 62 Stat. 815.)
18 USC 3011. Computation of time -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Computation: enlargement; expiration of term; motions and
affidavits; service by mail, rule 45.
(June 25, 1948, ch. 645, 62 Stat. 815.)
18 USC ( 3012. Repealed. Pub. L. 98-473, title II, 218(a)(2), Oct.
12, 1984, 98 Stat. 2027)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Nov. 1, 1987
Section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title, provided that the repeal of this
section is effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of such repeal. Prior to repeal, this
section read as follows:
3012. Orders respecting persons in custody
Prisoners or persons in custody shall be brought into court or
returned on order of the Court or of the United States Attorney, for
which no fee shall be charged and no writ required.
(June 25, 1948, ch. 645, 62 Stat. 815.)
18 USC 3013. Special assessment on convicted persons
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The court shall assess on any person convicted of an offense
against the United States --
(1) in the case of an infraction or a misdemeanor --
(A) if the defendant is an individual --
(i) the amount of $5 in the case of an infraction or a class C
misdemeanor;
(ii) the amount of $10 in the case of a class B misdemeanor; and
(iii) the amount of $25 in the case of a class A misdemeanor; and
(B) if the defendant is a person other than an individual --
(i) the amount of $25 in the case of an infraction or a class C
misdemeanor;
(ii) the amount of $50 in the case of a class B misdemeanor; and
(iii) the amount of $125 in the case of a class A misdemeanor;
(2) in the case of a felony --
(A) the amount of $50 if the defendant is an individual; and
(B) the amount of $200 if the defendant is a person other than an
individual.
(b) Such amount so assessed shall be collected in the manner that
fines are collected in criminal cases.
(c) The obligation to pay an assessment ceases five years after the
date of the judgment. This subsection shall apply to all assessments
irrespective of the date of imposition.
(d) For the purposes of this section, an offense under section 13 of
this title is an offense against the United States.
(Added Pub. L. 98-473, title II, 1405(a), Oct. 12, 1984, 98 Stat.
2174; amended Pub. L. 100-185, 3, Dec. 11, 1987, 101 Stat. 1279; Pub.
L. 100-690, title VII, 7082(b), 7085, Nov. 18, 1988, 102 Stat. 4407,
4408; Pub. L. 101-647, title XXXV, 3569, Nov. 29, 1990, 104 Stat.
4928.)
1990 -- Subsec. (a)(1)(B). Pub. L. 101-647 substituted ''an
infraction'' for ''a infraction'' in cl. (i) and a semicolon for a
period at end of cl. (iii).
1988 -- Subsec. (a)(1). Pub. L. 100-690, 7085, amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''in the
case of a misdemeanor --
''(A) the amount of $25 if the defendant is an individual; and
''(B) the amount of $100 if the defendant is a person other than an
individual; and''.
Subsec. (c). Pub. L. 100-690, 7082(b), inserted at end ''This
subsection shall apply to all assessments irrespective of the date of
imposition.''
1987 -- Subsecs. (c), (d). Pub. L. 100-185 added subsecs. (c) and
(d).
Section effective 30 days after Oct. 12, 1984, see section 1409(a)
of Pub. L. 98-473, set out as a note under section 10601 of Title 42,
The Public Health and Welfare.
18 USC CHAPTER 203 -- ARREST AND COMMITMENT
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3041. Power of courts and magistrates.
3042. Extraterritorial jurisdiction.
3043. Repealed.
3044. Complaint -- Rule.
3045. Internal revenue violations.
3046. Warrants or summons -- Rule. /1/
3047. Multiple warrants unnecessary.
3048. Commitment to another district; removal -- Rule.
3049. Warrant for removal.
3050. Bureau of Prisons employees' powers.
(3051. Repealed.)
3052. Powers of Federal Bureau of Investigation.
3053. Powers of marshals and deputies.
(3054. Repealed.)
3055. Officers' powers to suppress Indian liquor traffic.
3056. Powers, authorities, and duties of United States Secret
Service.
3057. Bankruptcy investigations.
3058. Interned belligerent nationals.
3059. Rewards and appropriations therefor.
3059A. Special rewards for information relating to certain financial
institution offenses /2/
3060. Preliminary examination.
3061. Investigative powers of Postal Service personnel.
3062. General arrest authority for violation of release conditions.
3063. Powers of Environmental Protection Agency.
1990 -- Pub. L. 101-647, title XXXV, 3570, Nov. 29, 1990, 104
Stat. 4928, struck out item 3054 ''Officer's powers involving animals
and birds''.
Pub. L. 101-647, title XXV, 2587(b), Nov. 29, 1990, 104 Stat.
4905, which directed amendment of the chapter heading for chapter 203 by
inserting item 3059A after item 3059, was executed to the chapter
analysis for chapter 203 as the probable intent of Congress.
1988 -- Pub. L. 100-582, 4(b), Nov. 1, 1988, 102 Stat. 2959,
added item 3063.
Pub. L. 100-690, title VI, 6251(b), Nov. 18, 1988, 102 Stat. 4362,
substituted ''Investigative powers of Postal Service personnel'' for
''Powers of postal personnel'' in item 3061.
1984 -- Pub. L. 98-587, 1(b), Oct. 30, 1984, 98 Stat. 3111,
substituted ''Powers, authorities, and duties of United States Secret
Service'' for ''Secret Service powers'' in item 3056.
Pub. L. 98-473, title II, 204(e), Oct. 12, 1984, 98 Stat. 1986,
substituted ''Repealed'' for ''Security of the peace and good behavior''
in item 3043 and added item 3062.
1970 -- Pub. L. 91-375, 6(j)(38)(B), Aug. 12, 1970, 84 Stat. 782,
substituted ''postal personnel'' for ''postal inspectors'' in item 3061.
1968 -- Pub. L. 90-578, title III, 303(b), Oct. 17, 1968, 82 Stat.
1118, struck out reference to ''Rule'' in item 3060.
Pub. L. 90-560, 5(b), Oct. 12, 1968, 82 Stat. 998, added item
3061.
1951 -- Act Oct. 31, 1951, ch. 655, 56(f), 65 Stat. 729, struck
out item 3051 ''Extradition agent's powers''.
/1/ So in original. Does not conform to section catchline.
/2/ So in original. Probably should be followed by a period.
18 USC 3041. Power of courts and magistrates
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
For any offense against the United States, the offender may, by any
justice or judge of the United States, or by any United States
magistrate, or by any chancellor, judge of a supreme or superior court,
chief or first judge of the common pleas, mayor of a city, justice of
the peace, or other magistrate, of any state where the offender may be
found, and at the expense of the United States, be arrested and
imprisoned or released as provided in chapter 207 of this title, as the
case may be, for trial before such court of the United States as by law
has cognizance of the offense. Copies of the process shall be returned
as speedily as may be into the office of the clerk of such court,
together with the recognizances of the witnesses for their appearances
to testify in the case.
A United States judge or magistrate shall proceed under this section
according to rules promulgated by the Supreme Court of the United
States. Any state judge or magistrate acting hereunder may proceed
according to the usual mode of procedure of his state but his acts and
orders shall have no effect beyond determining, pursuant to the
provisions of section 3142 of this title, whether to detain or
conditionally release the prisoner prior to trial or to discharge him
from arrest.
(June 25, 1948, ch. 645, 62 Stat. 815; June 22, 1966, Pub. L.
89-465, 5(a), 80 Stat. 217; Oct. 17, 1968, Pub. L. 90-578, title III,
301(a)(1), (3), 82 Stat. 1115; Oct. 12, 1984, Pub. L. 98-473, title II,
204(a), 98 Stat. 1985.)
Based on title 18, U.S.C., 1940 ed., 591 (R.S. 1014; May 28, 1896,
ch. 252, 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).
This section was completely rewritten to omit all provisions
superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and
54(a) which prescribed the procedure for preliminary proceedings and
examinations before United States judges and commissioners and for
removal proceedings but not for preliminary examinations before State
magistrates.
1984 -- Pub. L. 98-473 substituted ''determining, pursuant to the
provisions of section 3142 of this title, whether to detain or
conditionally release the prisoner prior to trial'' for ''determining to
hold the prisoner for trial''.
1968 -- Pub. L. 90-578 substituted ''United States magistrate'' and
''magistrate'' for ''United States commissioner'' and ''commissioner'',
respectively.
1966 -- Pub. L. 89-465 substituted ''or released as provided in
chapter 207 of this title'' for ''or bailed''.
Reference to United States magistrate deemed to refer to United
States magistrate judge pursuant to section 321 of Pub. L. 101-650, set
out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 89-465 effective ninety days after June 22,
1966, see section 6 of Pub. L. 89-465, set out as an Effective Date
note under section 3146 of this title.
Commitment to another district; removal, see rule 40, Appendix to
this title.
Complaint, see rule 3.
Criminal contempt, admission to bail, see rule 42.
Custody or bail, continuation pending filing of new indictment or
information, see rule 12.
Detained witness, direction for taking deposition, see rule 15.
Proceedings before United States magistrate judges, see rule 5.
Release from custody, see rule 46.
Secrecy of indictment pending defendant's custody or release pending
trial, see rule 6.
Stay of execution and relief pending review, see rule 38.
Transmission of bail when transfer ordered from the district or
division for trial, see rule 21.
Warrant or summons upon complaint, see rule 4.
Warrant or summons upon indictment or information, see rule 9.
Arrests --
Searches and seizures, issuance of warrant, see Const. Amend. 4.
Senators and Representatives as privileged from arrest in all cases,
except treason, felony and breach of the peace, during their attendance
at the session of their respective Houses, and in going to and returning
from the same, see Const. Art. 1, 6.
Extraterritorial jurisdiction, generally, see section 3042 of this
title.
Jurisdiction and venue, see section 3231 et seq. of this title.
Magistrate judges, power to impose conditions of release, see section
636 of Title 28, Judiciary and Judicial Procedure.
Release and detention pending judicial proceedings, see section 3141
et seq. of this title --
Appeal by United States, see section 3731 of this title.
Excessive bail shall not be required, see Const. Amend. 8.
Obstructing justice by false bail, see section 1506 of this title.
United States defined, see section 5 of this title.
United States magistrate judges, see section 631 et seq. of Title
28, Judiciary and Judicial Procedure.
3156 of this title; title 16 section 916g; title 26
section 5557.
18 USC 3042. Extraterritorial jurisdiction
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section 3041 of this title shall apply in any country where the
United States exercises extraterritorial jurisdiction for the arrest and
removal therefrom to the United States of any citizen or national of the
United States who is a fugitive from justice charged with or convicted
of the commission of any offense against the United States, and shall
also apply throughout the United States for the arrest and removal
therefrom to the jurisdiction of any officer or representative of the
United States vested with judicial authority in any country in which the
United States exercises extraterritorial jurisdiction, of any citizen or
national of the United States who is a fugitive from justice charged
with or convicted of the commission of any offense against the United
States in any country where it exercises extraterritorial jurisdiction.
Such fugitive first mentioned may, by any officer or representative
of the United States vested with judicial authority in any country in
which the United States exercises extraterritorial jurisdiction and
agreeably to the usual mode of process against offenders subject to such
jurisdiction, be arrested and detained or conditionally released
pursuant to section 3142 of this title, as the case may be, pending the
issuance of a warrant for his removal, which warrant the principal
officer or representative of the United States vested with judicial
authority in the country where the fugitive shall be found shall
seasonably issue, and the United States marshal or corresponding officer
shall execute.
Such marshal or other officer, or the deputies of such marshal or
officer, when engaged in executing such warrant without the jurisdiction
of the court to which they are attached, shall have all the powers of a
marshal of the United States so far as such powers are requisite for the
prisoner's safekeeping and the execution of the warrant.
(June 25, 1948, ch. 645, 62 Stat. 815; Oct. 12, 1984, Pub. L.
98-473, title II, 204(b), 98 Stat. 1985.)
Based on title 18, U.S.C., 1940 ed., 662b (Mar. 22, 1934, ch. 73,
1, 48 Stat. 454).
Words ''crime or'' before ''offense'' were omitted as unnecessary.
Words ''and the Philippine Islands'' were deleted in two places as
obsolete in view of the independence of the Commonwealth of the
Philippines effective July 4, 1946.
Words ''its Territories, Districts, or possessions, including the
Panama Canal Zone or any other territory governed, occupied, or
controlled by it'' were omitted as covered by section 5 of this title
defining the term ''United States''.
Minor changes were made in phraseology.
1984 -- Pub. L. 98-473 substituted ''detained or conditionally
released pursuant to section 3142 of this title'' for ''imprisoned or
admitted to bail''.
Applicability of section to Canal Zone, see section 14 of this title.
Non-application to extradition proceedings, see rule 54, Appendix to
this title.
Habeas corpus, no right of appeal from final order in a proceeding to
test the validity of a warrant of removal issued pursuant to this
section, see section 2253 of Title 28, Judiciary and Judicial Procedure.
Provisional arrest, obtained by telegraph, see section 3187 of this
title.
18 USC ( 3043. Repealed. Pub. L. 98-473, title II, 204(c), Oct. 12,
1984, 98 Stat. 1986)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, acts June 25, 1948, ch. 645, 62 Stat. 816; Oct. 17, 1968,
Pub. L. 90-578, title III, 301(a)(2), 82 Stat. 1115, related to
authority of justices, judges, and magistrates to hold to security of
the peace and for good behavior. See section 3142 of this title.
18 USC 3044. Complaint -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Contents of complaint; oath, Rule 3.
(June 25, 1948, ch. 645, 62 Stat. 816.)
18 USC 3045. Internal revenue violations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Warrants of arrest for violations of internal revenue laws may be
issued by United States magistrates upon the complaint of a United
States attorney, assistant United States attorney, collector, or deputy
collector of internal revenue or revenue agent, or private citizen; but
no such warrant of arrest shall be issued upon the complaint of a
private citizen unless first approved in writing by a United States
attorney.
(June 25, 1948, ch. 645, 62 Stat. 816; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(2), 82 Stat. 1115.)
Based on title 18, U.S.C., 1940 ed., 594 (May 28, 1896, ch. 252,
19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956).
Minor changes were made in phraseology.
The internal revenue laws, referred to in text, are classified
generally to Title 26, Internal Revenue Code.
1968 -- Pub. L. 90-578 substituted ''United States magistrates'' for
''United States commissioners''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
Offices of Collector and Deputy Collector of Internal Revenue
abolished by Reorg. Plan No. 1 of 1952, 1, eff. Mar. 14, 1952, 17
F.R. 2243, 66 Stat. 823, set out in the Appendix to Title 5, Government
Organization and Employees, and the offices of ''district commissioner
of internal revenue'', and so many other offices, with titles to be
determined by Secretary of the Treasury, were established by section
2(a) of the Plan.
18 USC 3046. Warrant or summons -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Issuance upon complaint, Rule 4.
Issuance upon indictment, Rule 9.
Summons on request of government; form; contents; service;
return, Rules 4, 9.
(June 25, 1948, ch. 645, 62 Stat. 816.)
18 USC 3047. Multiple warrants unnecessary
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
When two or more charges are made, or two or more indictments are
found against any person, only one writ or warrant shall be necessary to
commit him for trial. It shall be sufficient to state in the writ the
name or general character of the offenses, or to refer to them only in
general terms.
(June 25, 1948, ch. 645, 62 Stat. 816.)
Based on title 18, U.S.C., 1940 ed., 602 (R.S. 1027).
Minor changes were made in phraseology.
Warrants and summonses generally, see rules 4 and 9, Appendix to this
title.
18 USC 3048. Commitment to another district; removal -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Arrest in nearby or distant districts; informative statement by
judge or magistrate; hearing and removal; warrant; Rule 40.
(June 25, 1948, ch. 645, 62 Stat. 817; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(3), 82 Stat. 1115.)
1968 -- Pub. L. 90-578 substituted ''magistrate'' for
''commissioner''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
18 USC 3049. Warrant for removal
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Only one writ or warrant is necessary to remove a prisoner from one
district to another. One copy thereof may be delivered to the sheriff
or jailer from whose custody the prisoner is taken, and another to the
sheriff or jailer to whose custody he is committed, and the original
writ, with the marshal's return thereon, shall be returned to the clerk
of the district to which he is removed.
(June 25, 1948, ch. 645, 62 Stat. 817.)
Based on title 18, U.S.C., 1940 ed., 604 (R.S. 1029).
18 USC 3050. Bureau of Prisons employees' powers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
An officer or employee of the Bureau of Prisons may --
(1) make arrests on or off of Bureau of Prisons property without
warrant for violations of the following provisions regardless of where
the violation may occur: sections 111 (assaulting officers), 751
(escape), and 752 (assisting escape) of title 18, United States Code,
and section 1826(c) (escape) of title 28, United States Code;
(2) make arrests on Bureau of Prisons premises or reservation land of
a penal, detention, or correctional facility without warrant for
violations occurring thereon of the following provisions: sections 661
(theft), 1361 (depredation of property), 1363 (destruction of property),
1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title
18, United States Code; and
(3) arrest without warrant for any other offense described in title
18 or 21 of the United States Code, if committed on the premises or
reservation of a penal or correctional facility of the Bureau of Prisons
if necessary to safeguard security, good order, or government property;
if such officer or employee has reasonable grounds to believe that
the arrested person is guilty of such offense, and if there is
likelihood of such person's escaping before an arrest warrant can be
obtained. If the arrested person is a fugitive from custody, such
prisoner shall be returned to custody. Officers and employees of the
said Bureau of Prisons may carry firearms under such rules and
regulations as the Attorney General may prescribe.
(June 25, 1948, ch. 645, 62 Stat. 817; Nov. 10, 1986, Pub. L.
99-646, 65, 100 Stat. 3615.)
Based on title 18, U.S.C., 1940 ed., 753k (June 29, 1940, ch. 449,
5, 54 Stat. 693).
Section was broadened to include authority to make arrests for
mutiny, riot or traffic in dangerous instrumentalities, by reference to
section 1792 of this title.
Minor changes were made in phraseology and provision for taking
arrested person before magistrate was omitted as covered by rule 5(a) of
the Federal Rules of Criminal Procedure.
1986 -- Pub. L. 99-646 amended first sentence generally and
substituted ''such prisoner'' for ''he'' in second sentence. Prior to
amendment, first sentence read as follows: ''An officer or employee of
the Bureau of Prisons of the Department of Justice may make arrests
without warrant for violations of any of the provisions of sections 751,
752, 1791, or 1792 of this title, if he has reasonable grounds to
believe that the arrested person is guilty of such offense, and if there
is likelihood of his escaping before a warrant can be obtained for his
arrest.''
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2 of
1950, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out
in the Appendix to Title 5, Government Organization and Employees.
18 USC ( 3051. Repealed. Oct. 31, 1951, ch. 655, 56(f), 65 Stat.
729)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 1, 62 Stat. 817, related to
powers of extradition agents. Substantially identical provisions are
contained in section 3193 of this title.
Subsec. (l) of section 56 of act Oct. 31, 1951, ch. 655, 65 Stat.
730, provided that the repeal of this section should not affect any
rights or liabilities existing hereunder on the effective date of the
repeal (Oct. 31, 1951).
18 USC 3052. Powers of Federal Bureau of Investigation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Director, Associate Director, Assistant to the Director,
Assistant Directors, inspectors, and agents of the Federal Bureau of
Investigation of the Department of Justice may carry firearms, serve
warrants and subpoenas issued under the authority of the United States
and make arrests without warrant for any offense against the United
States committed in their presence, or for any felony cognizable under
the laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such
felony.
(June 25, 1948, ch. 645, 62 Stat. 817; Jan. 10, 1951, ch. 1221, 1,
64 Stat. 1239.)
Based on section 300a of title 5, U.S.C., 1940 ed., Executive
Departments and Government Officers and Employees (June 18, 1934, ch.
595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77).
Language relating to seizures under warrant is in section 3107 of
this title.
Minor changes were made in phraseology particularly with respect to
omission of provision covered by rule 5(a) of Federal Rules of Criminal
Procedure.
1951 -- Act Jan. 10, 1951, allowed F. B. I. personnel to make
arrests without a warrant for any offense against the United States
committed in their presence.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2 of
1950, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out
in the Appendix to Title 5, Government Organization and Employees.
Federal Bureau of Investigation generally, see section 531 et seq.
of Title 28, Judiciary and Judicial Procedure.
18 USC 3053. Powers of marshals and deputies
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
United States marshals and their deputies may carry firearms and may
make arrests without warrant for any offense against the United States
committed in their presence, or for any felony cognizable under the laws
of the United States if they have reasonable grounds to believe that the
person to be arrested has committed or is committing such felony.
(June 25, 1948, ch. 645, 62 Stat. 817.)
Based on section 504a of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 15, 1935, ch. 259, 2, 49 Stat. 378).
Minor changes were made in phraseology.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2 of
1950, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out
in the Appendix to Title 5, Government Organization and Employees.
United States marshals generally, see section 561 et seq. of Title
28, Judiciary and Judicial Procedure.
18 USC ( 3054. Repealed. Pub. L. 97-79, 9(b)(3), Nov. 16, 1981, 95
Stat. 1079)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, acts June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969,
Pub. L. 91-135, 7(b), 83 Stat. 281, provided for an officer's power
to act in enforcing sections 42, 43, and 44 of this title relating to
animals and birds. See section 3375 of Title 16, Conservation.
18 USC 3055. Officers' powers to suppress Indian liquor traffic
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The chief special officer for the suppression of the liquor traffic
among Indians and duly authorized officers working under his supervision
whose appointments are made or affirmed by the Commissioner of Indian
Affairs or the Secretary of the Interior may execute all warrants of
arrest and other lawful precepts issued under the authority of the
United States and in the execution of his duty he may command all
necessary assistance.
(June 25, 1948, ch. 645, 62 Stat. 817.)
Based on section 250 of title 25, U.S.C., 1940 ed., Indians (Aug.
24, 1912, ch. 388, 1, 37 Stat. 519).
The only change was to delete the words at the beginning of the
section, ''The powers conferred by section 504 of title 28 upon marshals
and their deputies are conferred upon.'' and the addition, at the end of
the section, of the phrase expressing such powers beginning with the
words ''may execute all warrants''.
18 USC 3056. Powers, authorities, and duties of United States Secret
Service
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Under the direction of the Secretary of the Treasury, the United
States Secret Service is authorized to protect the following persons:
(1) The President, the Vice President (or other officer next in the
order of succession to the Office of President), the President-elect,
and the Vice President-elect.
(2) The immediate families of those individuals listed in paragraph
(1).
(3) Former Presidents and their spouses for their lifetimes, except
that protection of a spouse shall terminate in the event of remarriage.
(4) Children of a former President who are under 16 years of age.
(5) Visiting heads of foreign states or foreign governments.
(6) Other distinguished foreign visitors to the United States and
official representatives of the United States performing special
missions abroad when the President directs that such protection be
provided.
(7) Major Presidential and Vice Presidential candidates and, within
120 days of the general Presidential election, the spouses of such
candidates. As used in this paragraph, the term ''major Presidential
and Vice Presidential candidates'' means those individuals identified as
such by the Secretary of the Treasury after consultation with an
advisory committee consisting of the Speaker of the House of
Representatives, the minority leader of the House of Representatives,
the majority and minority leaders of the Senate, and one additional
member selected by the other members of the committee.
The protection authorized in paragraphs (2) through (7) may be
declined.
(b) Under the direction of the Secretary of the Treasury, the Secret
Service is authorized to detect and arrest any person who violates --
(1) section 508, 509, 510, 871, or 879 of this title or, with respect
to the Federal Deposit Insurance Corporation, Federal land banks, and
Federal land bank associations, section 213, 216, /1/ 433, 493, 657,
709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of this title;
(2) any of the laws of the United States relating to coins,
obligations, and securities of the United States and of foreign
governments; or
(3) any of the laws of the United States relating to electronic fund
transfer frauds, credit and debit card frauds, and false identification
documents or devices; except that the authority conferred by this
paragraph shall be exercised subject to the agreement of the Attorney
General and the Secretary of the Treasury and shall not affect the
authority of any other Federal law enforcement agency with respect to
those laws.
(c)(1) Under the direction of the Secretary of the Treasury, officers
and agents of the Secret Service are authorized to --
(A) execute warrants issued under the laws of the United States;
(B) carry firearms;
(C) make arrests without warrant for any offense against the United
States committed in their presence, or for any felony cognizable under
the laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such
felony;
(D) offer and pay rewards for services and information leading to the
apprehension of persons involved in the violation or potential violation
of those provisions of law which the Secret Service is authorized to
enforce;
(E) pay expenses for unforeseen emergencies of a confidential nature
under the direction of the Secretary of the Treasury and accounted for
solely on the Secretary's certificate; and
(F) perform such other functions and duties as are authorized by law.
(2) Funds expended from appropriations available to the Secret
Service for the purchase of counterfeits and subsequently recovered
shall be reimbursed to the appropriations available to the Secret
Service at the time of the reimbursement.
(d) Whoever knowingly and willfully obstructs, resists, or interferes
with a Federal law enforcement agent engaged in the performance of the
protective functions authorized by this section or by section 1752 of
this title shall be fined not more than $1,000 or imprisoned not more
than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 818; July 16, 1951, ch. 226, 4,
65 Stat. 122; Aug. 31, 1954, ch. 1143, 2, 68 Stat. 999; Aug. 18,
1959, Pub. L. 86-168, title I, 104(h), 73 Stat. 387; Oct. 10, 1962,
Pub. L. 87-791, 76 Stat. 809; Oct. 15, 1962, Pub. L. 87-829, 3, 76
Stat. 956; Sept. 15, 1965, Pub. L. 89-186, 79 Stat. 791; Sept. 29,
1965, Pub. L. 89-218, 79 Stat. 890; Oct. 21, 1968, Pub. L. 90-608, ch.
XI, 1101, 82 Stat. 1198; Jan. 2, 1971, Pub. L. 91-644, title V, 19,
84 Stat. 1892; Jan. 5, 1971, Pub. L. 91-651, 4, 84 Stat. 1941; July
12, 1974, Pub. L. 93-346, 8, as added Dec. 27, 1974, Pub. L. 93-552,
title VI, 609(a), 88 Stat. 1765; Sept. 11, 1976, Pub. L. 94-408, 2,
90 Stat. 1239; Oct. 12, 1982, Pub. L. 97-297, 3, 96 Stat. 1318; Oct.
14, 1982, Pub. L. 97-308, 2, 96 Stat. 1452; Nov. 14, 1983, Pub. L.
98-151, 115(b), 97 Stat. 977; Oct. 30, 1984, Pub. L. 98-587, 1(a), 98
Stat. 3110.)
Based on title 18, U.S.C., 1940 ed., 148, and on sections 264(x) and
986 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch.
6, 12B, subsection (x), as added June 16, 1933, ch. 89, 8, 48 Stat.
178; July 17, 1916, ch. 245, 31, sixth paragraph, 39 Stat. 382 (384);
Dec. 11, 1926, ch. 2, 3, 44 Stat. 918; Aug. 23, 1935, ch. 614, 101,
49 Stat. 684, 703).
Section consolidates said section 148 of title 18, U.S.C., 1940 ed.,
and said sections 264(x) and 986 of title 12, U.S.C., 1940 ed., Banks
and Banking.
Said section 148 of title 12, U.S.C., 1940 ed., Banks and Banking,
was concerned with offenses relating to counterfeiting and passing,
etc., of transportation requests and to the unlawful possession or
making of plates, stones, etc., used in making such requests, which were
defined in sections 146 and 147 of said title 18, now sections 508 and
509 of this title.
Said sections 264(x) and 986 of title 12, U.S.C., 1940 ed., Banks and
Banking, were concerned with various offenses as defined in sections
981-985, 987 of said title 12, relating to Federal land banks,
joint-stock land banks and national farm loan associations, and as
defined in section 264 of said title 12 relating to the Federal Deposit
Insurance Corporation. All of the provisions of said sections 981-985,
987 of said title 12, and the criminal provisions of said section 264 of
said title 12, were transferred to this title where they were, in some
instances, consolidated with similar provisions from other sections.
Such provisions are now incorporated in sections 218, 221, 433, 493,
657, 709, 1006, 1007, 1011, 1013, 1014, 1907, and 1909 of this title.
In most instances, these sections, as the result of the consolidations,
relate to other organizations as well as those mentioned above, but, by
enumerating the Federal Deposit Insurance Corporation, Federal land
banks, joint-stock land banks, and national farm loan associations in
this section, the powers of the Secret Service are not broadened beyond
what they were in said sections 264(x) and 986 of said title 12.
In this section, the wording of said section 148 of title 18, U.S.C.,
1940 ed., and section 986 of title 12, U.S.C., 1940 ed., Banks and
Banking reading ''The Secretary of the Treasury is hereby authorized to
direct and use the Secret Service Division of the Treasury Department''
was adopted, rather than the wording of said section 264(x) of said
title 12, which read ''The Secret Service Division of the Treasury
Department is authorized.''
Words ''of the United States marshal having jurisdiction'', following
''custody'' in all three of said sections, were omitted as surplusage.
Changes were made in phraseology.
Section 216 of this title, referred to in subsec. (b)(1), was
repealed by Pub. L. 98-473, title II, 1107(b), Oct. 12, 1984, 98
Stat. 2146.
1984 -- Pub. L. 98-587 amended section generally, providing
authority for the Secret Service to conduct criminal investigations of,
make arrests in, and present for prosecutorial consideration, cases
relating to electronic fund transfer frauds, and providing the Secret
Service with authority to conduct investigations and make arrests
relating to credit and debit card frauds, and false identification
documents and devices, to be exercised subject to the agreement of the
Attorney General and the Secretary of the Treasury.
1983 -- Subsec. (a). Pub. L. 98-151 inserted reference to section
510 of this section in fifth clause.
1982 -- Subsec. (a). Pub. L. 97-297, 3(1), substituted ''871, and
879 of this title'' for ''and 871 of this title''.
Pub. L. 97-297, 3(2), substituted ''and Federal land bank
associations are concerned, of sections 213, 216'' for '', joint-stock
land banks and Federal land bank associations are concerned, of sections
218, 221''.
Subsec. (b). Pub. L. 97-308 increased the limitation on fines to
$1,000 from $300.
1976 -- Subsec. (a). Pub. L. 94-408 substituted '', and the members
of their immediate families unless the members decline such
protection;'' for ''; protect the members of the immediate family of
the Vice-President, unless such protection is declined;''.
Subsec. (b). Pub. L. 94-408 inserted reference to other Federal law
enforcement agents.
1974 -- Subsec. (a). Pub. L. 93-552 inserted provisions relating to
the protection of the immediate family of the Vice President unless
declined, and the payment of expenses for unforeseen emergencies of a
confidential nature under the direction of the Secretary of the Treasury
and accounted for solely on his certificate.
1971 -- Pub. L. 91-651 authorized the Secret Service to protect the
person of a visiting head of a foreign state or foreign government and,
at the direction of the President, other distinguished foreign visitors
to the United States and official representatives of the United States
performing special missions abroad, and substituted ''Director, Deputy
Director, Assistant Directors, Assistants to the Director'' for ''Chief,
Deputy Chief, Assistant Chief''.
Pub. L. 91-644 designated existing provisions as subsec. (a) and
added subsec. (b).
1968 -- Pub. L. 90-608 substituted the death or remarriage of a
former President's widow and the attainment by his minor children of age
16 for the passage of a period of four years after he leaves or dies in
office as the events terminating Secret Service protection for the widow
and minor children, respectively, of a former President.
1965 -- Pub. L. 89-218 authorized the Chief, Deputy Chief, Assistant
Chief, inspectors, and agents of the Secret Service to make arrests
without warrant for offenses committed against the United States in
their presence or for any felony cognizable under the laws of the United
States if they have reasonable grounds to believe that the person to be
arrested has committed or is committing the felony and substituted
''508, 509, and 871'' for ''508 and 509''.
Pub. L. 89-186 substituted provision for the protection of the person
of a former President and his wife during his lifetime and the person of
a widow and minor children of a former President for a period of four
years after he leaves or dies in office, unless the protection is
declined, for provision calling for the protection of a former
President, at his request, for a reasonable period after he leaves
office.
1962 -- Pub. L. 87-829 authorized the protection of the Vice
President, without requiring his request therefor, and any officer next
in the order of succession to the office of President, the
Vice-President-elect, and of a former president, at his request, for a
reasonable period after he leaves office.
Pub. L. 87-791 required moneys expended from Secret Service
appropriations for the purchase of counterfeits and subsequently
recovered to be reimbursed to the appropriation current at the time of
deposit.
1959 -- Pub. L. 86-168 substituted ''Federal land bank
associations'' for ''national farm loan associations''.
1954 -- Act Aug. 31, 1954, struck out ''detect, and arrest any
person violating any laws of the United States directly concerning
official matters administered by and under the direct control of the
Treasury Department''.
1951 -- Act July 16, 1951, provided basic authority for the Secret
Service to perform certain functions and activities heretofore carried
out by virtue of authority contained in appropriation acts.
Amendment by Pub. L. 93-552 effective July 12, 1974, see section
609(b) of Pub. L. 93-552, set out as a note under section 202 of Title
3, The President.
Amendment by Pub. L. 86-168 effective Dec. 31, 1959, see section
104(k) of Pub. L. 86-168.
Pub. L. 96-503, Dec. 5, 1980, 94 Stat. 2740, provided: ''That the
United States Secret Service, in addition to other duties now provided
by law, is authorized to furnish protection to (a) the person occupying
the Office of Vice President of the United States immediately preceding
January 20, 1981, or (b) his spouse, if the President determines that
such person may thereafter be in significant danger: Provided, however,
That protection of any such person shall continue only for such period
as the President determines and shall not continue beyond July 20, 1981,
unless otherwise permitted by law.''
Pub. L. 95-1, Jan. 19, 1977, 91 Stat. 3, provided: ''That the
United States Secret Service, in addition to other duties now provided
by law, is authorized to furnish protection to a person who (a) as a
Federal Government official has been receiving protection by the United
States Secret Service for a period immediately preceding January 20,
1977, or (b) as a member of such official's immediate family has been
receiving protection by either the United States Secret Service or other
security personnel of the official's department immediately preceding
January 20, 1977, if the President determines that such person may
thereafter be in significant danger: Provided, however, That protection
of any such person shall continue only for such period as the President
determines and shall not continue beyond July 20, 1977, unless otherwise
permitted by law.''
Pub. L. 94-524, Oct. 17, 1976, 90 Stat. 2475, as amended by Pub.
L. 99-190, 143, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 101-136, title
V, 527, Nov. 3, 1989, 103 Stat. 815; Pub. L. 101-509, title V,
531(a), Nov. 5, 1990, 104 Stat. 1469; Pub. L. 102-141, title V, 533,
Oct. 28, 1991, 105 Stat. 867, provided: ''That this Act may be cited
as the 'Presidential Protection Assistance Act of 1976'.
''Sec. 2. As used in this Act the term --
''(1) 'Secret Service' means the United States Secret Service, the
Department of the Treasury;
''(2) 'Director' means the Director of the Secret Service;
''(3) 'protectee' means any person eligible to receive the protection
authorized by section 3056 of title 18, United States Code, or Public
Law 90-331 (82 Stat. 170) (set out as a note above);
''(4) 'Executive departments' has the same meaning as provided in
section 101 of title 5, United States Code;
''(5) 'Executive agencies' has the same meaning as provided in
section 105 of title 5, United States Code;
''(6) 'Coast Guard' means the United States Coast Guard, Department
of Transportation or such other Executive department or Executive agency
to which the United States Coast Guard may subsequently be transferred;
''(7) 'duties' means all responsibilities of an Executive department
or Executive agency relating to the protection of any protectee; and
''(8) 'non-Governmental property' means any property owned, leased,
occupied, or otherwise utilized by a protectee which is not owned or
controlled by the Government of the United States of America.
''Sec. 3. (a) Each protectee may designate one non-governmental
property to be fully secured by the Secret Service on a permanent basis.
''(b) A protectee may thereafter designate a different
non-Governmental property in lieu of the non-Governmental property
previously designated under subsection (a) (hereinafter in this Act
referred to as the 'previously designated property') as the one
non-Governmental property to be fully secured by the Secret Service on a
permanent basis under subsection (a). Thereafter, any expenditures by
the Secret Service to maintain a permanent guard detail or for permanent
facilities, equipment, and services to secure the non-Governmental
property previously designated under subsection (a) shall be subject to
the limitations imposed under section 4.
''(c) For the purposes of this section, where two or more protectees
share the same domicile, such protectees shall be deemed a single
protectee.
''Sec. 4. Expenditures by the Secret Service for maintaining a
permanent guard detail and for permanent facilities, equipment, and
services to secure any non-Governmental property in addition to the one
non-Governmental property designated by each protectee under subsection
3(a) or 3(b) may not exceed a cumulative total of $75,000 at each such
additional non-Governmental property, unless expenditures in excess of
that amount are specifically approved by resolutions adopted by the
Committees on Appropriations of the House and Senate, respectively.
''Sec. 5. (a) All improvements and other items acquired by the
Federal Government and used for the purpose of securing any
non-Governmental property in the performance of the duties of the Secret
Service shall be the property of the United States.
''(b) Upon termination of Secret Service protection at any
non-Governmental property all such improvements and other items shall be
removed from the non-Governmental property unless the Director
determines that it would not be economically feasible to do so; except
that such improvements and other items shall be removed and the
non-Governmental property shall be restored to its original state if the
owner of such property at the time of termination requests the removal
of such improvements or other items. If any such improvements or other
items are not removed, the owner of the non-Governmental property at the
time of termination shall compensate the United States for the original
cost of such improvements or other items or for the amount by which they
have increased the fair market value of the property, as determined by
the Comptroller General of the United States, as of the date of
termination, whichever is less.
''(c) In the event that any non-Governmental property becomes a
previously designated property and Secret Service protection at that
property has not been terminated, all such improvements and other items
which the Director determines are not necessary to secure the previously
designated property within the limitations imposed under section 4 shall
be removed or compensated for in accordance with the procedures set
forth under Subsection (b) of this section.
''Sec. 6. Executive departments and Executive agencies shall assist
the Secret Service in the performance of its duties by providing
services, equipment, and facilities on a temporary and reimbursable
basis when requested by the Director and on a permanent and reimbursable
basis upon advance written request of the Director; except that the
Department of Defense and the Coast Guard shall provide such assistance
on a temporary basis without reimbursement when assisting the Secret
Service in its duties directly related to the protection of the
President or the Vice President or other officer immediately next in
order of succession to the office of the President.
''Sec. 7. No services, equipment, or facilities may be ordered,
purchased, leased, or otherwise procured for the purposes of carrying
out the duties of the Secret Service by persons other than officers or
employees of the Federal Government duly authorized by the Director to
make such orders, purchases, leases, or procurements.
''Sec. 8. No funds may be expended or obligated for the purpose of
carrying out the purposes of section 3056 of title 18, United States
Code, and section 1 of Public Law 90-331 (set out as a note above) other
than funds specifically appropriated to the Secret Service for those
purposes with the exception of --
''(1) expenditures made by the Department of Defense or the Coast
Guard from funds appropriated to the Department of Defense or the Coast
Guard in providing assistance on a temporary basis to the Secret Service
in the performance of its duties directly related to the protection of
the President or the Vice President or other officer next in order of
succession to the office of the President; and
''(2) expenditures made by Executive departments and agencies, in
providing assistance at the request of the Secret Service in the
performance of its duties, and which will be reimbursed by the Secret
Service under section 6 of this Act.
''Sec. 9. The Director, the Secretary of Defense, and the Commandant
of the Coast Guard shall each transmit a detailed semi-annual report of
expenditures made pursuant to this Act during the six-month period
immediately preceding such report by the Secret Service, the Department
of Defense, and the Coast Guard, respectively, to the Committees on
Appropriations, Committees on the Judiciary, and Committees on
Government Operations of the House of Representatives and the Senate,
/2/ respectively, on March 31 and September 30, of each year.
''Sec. 10. Expenditures made pursuant to this Act shall be subject to
audit by the Comptroller General and his authorized representatives, who
shall have access to all records relating to such expenditures. The
Comptroller General shall transmit a report of the results of any such
audit to the Committees on Appropriations, Committees on the Judiciary,
and Committees on Government Operations of the House of Representatives
and the Senate, /2/ respectively.
''Sec. 11. Section 2 of Public Law 90-331 (82 Stat. 170) (formerly
set out as a note below) is repealed.
''Sec. 12. In carrying out the protection of the President of the
United States, pursuant to section 3056(a) of title 18, at the one
non-governmental property designated by the President of the United
States to be fully secured by the United States Secret Service on a
permanent basis, as provided in section 3.(a) of Public Law 94-524
(section 3(a) of this note), or at an airport facility used for travel
en route to or from such property(,) the Secretary of the Treasury may
utilize, with their consent, the law enforcement services, personnel,
equipment, and facilities of the affected State and local governments.
Further, the Secretary of the Treasury is authorized to reimburse such
State and local governments for the utilization of such services,
personnel, equipment, and facilities. All claims for such reimbursement
by the affected governments will be submitted to the Secretary of the
Treasury on a quarterly basis. Expenditures for this reimbursement are
authorized not to exceed $300,000 at the one nongovernmental property,
and $70,000 at the airport facility, in any one fiscal year: Provided,
That the designated site is located in a municipality or political
subdivision of any State where the permanent resident population is
7,000 or less and where the absence of such Federal assistance would
place an undue economic burden on the affected State and local
governments: Provided further, That the airport facility is wholly or
partially located in a municipality or political subdivison (sic) of any
State where the permanent resident population is 7,000 or less, the
airport is located within 25 nautical miles of the designated
nongovernmental property, and where the absence of such Federal
assistance would place an undue economic burden on the affected State
and local governments.''
Pub. L. 90-331, June 6, 1968, 82 Stat. 170, as amended by Pub. L.
94-408, 1, Sept. 11, 1976, 90 Stat. 1239; Pub. L. 94-524, 11, Oct.
17, 1976, 90 Stat. 2477; Pub. L. 96-329, Aug. 11, 1980, 94 Stat.
1029, which had provided for personal protection of major presidential
or vice presidential candidates and had authorized protection of spouses
commencing not more than 120 days before the general Presidential
election, and appropriated for fiscal year ending June 30, 1968,
$400,000 for execution of such provisions, was repealed by Pub. L.
98-587, 2, Oct. 30, 1984, 98 Stat. 3111. See subsec. (a)(7) of this
section.
Pub. L. 90-145, Nov. 17, 1967, 81 Stat. 466, extended until Mar.
1, 1969, the authority vested in the United States Secret Service by
section 3056 of this title, as it existed prior to the amendment in 1968
by Pub. L. 90-608, to protect the widow and minor children of a former
President who were receiving such protection on Nov. 17, 1967.
Section 5 of Pub. L. 91-651 provided that: ''Section 3056 of title
18, United States Code, as amended by section 4 of this Act, shall be
subject to Reorganization Plan Numbered 26 of 1950 (64 Stat. 1280) (set
out in the Appendix to Title 5, Government Organization and
Employees).''
section 3414; title 22 sections 2709, 4304; title 31
sections 1344, 1537.
/1/ See References in Text note below.
/2/ Senate Committee on Government Operations redesignated the Senate
Committee on Governmental Affairs, effective Feb. 11, 1977.
18 USC 3057. Bankruptcy investigations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Any judge, receiver, or trustee having reasonable grounds for
believing that any violation under chapter 9 of this title or other laws
of the United States relating to insolvent debtors, receiverships or
reorganization plans has been committed, or that an investigation should
be had in connection therewith, shall report to the appropriate United
States attorney all the facts and circumstances of the case, the names
of the witnesses and the offense or offenses believed to have been
committed. Where one of such officers has made such report, the others
need not do so.
(b) The United States attorney thereupon shall inquire into the facts
and report thereon to the referee, and if it appears probable that any
such offense has been committed, shall without delay, present the matter
to the grand jury, unless upon inquiry and examination he decides that
the ends of public justice do not require investigation or prosecution,
in which case he shall report the facts to the Attorney General for his
direction.
(June 25, 1948, ch. 645, 62 Stat. 818; May 24, 1949, ch. 139, 48,
63 Stat. 96; Nov. 6, 1978, Pub. L. 95-598, title III, 314(i), 92 Stat.
2677.)
Based on section 52(e)(1), (2) of title 11, U.S.C., 1940 ed.,
Bankruptcy (July 1, 1898, ch. 541, 29e(1), (2), as added by May 27,
1926, ch. 406, 11, 44 Stat. 665, 666; June 22, 1938, ch. 575, 1, 52
Stat. 840, 856).
Remaining provisions of section 52 of title 11, U.S.C., 1940 ed.,
Bankruptcy, constitute sections 151-154, and 3284 of this title.
The words ''or laws relating to insolvent debtors, receiverships, or
reorganization plans'' were inserted to avoid reference to ''Title 11''.
Minor changes were made in phraseology.
This section (section 48) clarifies the meaning of section 3057 of
title 18, U.S.C., by expressly limiting to laws ''of the United
States'', violations of laws which are to be reported to the United
States attorney.
1978 -- Subsec. (a). Pub. L. 95-598, 314(i), substituted ''judge''
for ''referee'' and ''violation under chapter 9 of this title'' for
''violations of the bankruptcy laws''.
Subsec. (b). Pub. L. 95-598, 314(i)(1), substituted ''judge'' for
''referee''.
1949 -- Subsec. (a). Act May 24, 1949, substituted ''or other laws
of the United States'' for ''or laws''.
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95-598 not to affect the application of chapter
9 ( 151 et seq.), chapter 96 ( 1961 et seq.), or section 2516, 3057, or
3284 of this title to any act of any person (1) committed before Oct.
1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case
commenced before such date, see section 403(d) of Pub. L. 95-598, set
out as a note preceding section 101 of Title 11, Bankruptcy.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2 of
1950, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out
in the Appendix to Title 5, Government Organization and Employees.
18 USC 3058. Interned belligerent nationals
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, belonging to the armed land or naval forces of a belligerent
nation or belligerent faction and being interned in the United States,
in accordance with the law of nations, leaves or attempts to leave said
jurisdiction, or leaves or attempts to leave the limits of internment
without permission from the proper official of the United States in
charge, or willfully overstays a leave of absence granted by such
official, shall be subject to arrest by any marshal or deputy marshal of
the United States, or by the military or naval authorities thereof, and
shall be returned to the place of internment and there confined and
safely kept for such period of time as the official of the United States
in charge shall direct.
(June 25, 1948, ch. 645, 62 Stat. 818; Nov. 29, 1990, Pub. L.
101-647, title XXXV, 3571, 104 Stat. 4928.)
Based on title 18, U.S.C., 1940 ed., 37 (June 15, 1917, ch. 30,
title V, 7, 40 Stat. 223).
Said section 37 was incorporated in this section and section 756 of
this title.
Minor verbal changes were made.
1990 -- Pub. L. 101-647 substituted ''belligerent'' for
''beligerent'' before ''nation''.
Jurisdiction, see section 3241 of this title.
18 USC 3059. Rewards and appropriations therefor
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) There is authorized to be appropriated, out of any money in
the Treasury not otherwise appropriated, the sum of $25,000 as a reward
or rewards for the capture of anyone who is charged with violation of
criminal laws of the United States or any State or of the District of
Columbia, and an equal amount as a reward or rewards for information
leading to the arrest of any such person, to be apportioned and expended
in the discretion of, and upon such conditions as may be imposed by, the
Attorney General of the United States. Not more than $25,000 shall be
expended for information or capture of any one person.
(2) If any of the said persons shall be killed in resisting lawful
arrest, the Attorney General may pay any part of the reward money in his
discretion to the person or persons whom he shall adjudge to be entitled
thereto but no reward money shall be paid to any official or employee of
the Department of Justice of the United States.
(b) The Attorney General each year may spend not more than $10,000
for services or information looking toward the apprehension of narcotic
law violators who are fugitives from justice.
(June 25, 1948, ch. 645, 62 Stat. 818; Sept. 13, 1982, Pub. L.
97-258, 2(d)(2), 96 Stat. 1058.)
Based on title 18, U.S.C., 1940 ed., 575 (June 6, 1934, ch. 408, 48
Stat. 910).
Changes were made in phraseology.
The words ''Attorney General'' are substituted for ''Secretary of the
Treasury'' because of section 1 of Reorganization Plan No. 2 of 1973
(eff. July 1, 1973, 87 Stat. 1091).
The criminal laws of the United States, referred to in subsec.
(a)(1), are classified generally to this title.
1982 -- Pub. L. 97-258, 2(d)(2), redesignated existing provisions
as subsec. (a)(1) and (2) and added subsec. (b).
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 3059A. Special rewards for information relating to certain
financial institution offenses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) In special circumstances and in the Attorney General's sole
discretion, the Attorney General may make payments to persons who
furnish information unknown to the Government relating to a possible
prosecution under section 215, 287, 656, 657, 1001, 1005, 1006, 1007,
1014, 1032, 1341, 1343, or 1344 of this title affecting a depository
institution insured by the Federal Deposit Insurance Corporation or any
other agency or entity of the United States, or to a possible
prosecution for conspiracy to commit such an offense.
(2) The amount of a payment under paragraph (1) shall not exceed
$50,000 and shall be paid from the Financial Institution Information
Award Fund established under section 2569 of the Financial Institutions
Anti-Fraud Enforcement Act of 1990.
(b) A person is not eligible for a payment under this /1/ subsection
(a) if --
(1) the person is a current or former officer or employee of a
Federal or State government agency or instrumentality who furnishes
information discovered or gathered in the course of his government
employment;
(2) the furnished information consists of allegations or transactions
that have been disclosed to a member of the public in a criminal, civil,
or administrative proceeding, in a congressional, administrative, or
General Accounting Office report, hearing, audit or investigation, from
any other government source, or from the news media unless the person is
the original source of the information;
(3) the person is an institution-affiliated party (as defined in
section 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(u))
which withheld information during the course of any bank examination or
investigation authorized pursuant to section 10 of such Act (12 U.S.C.
1820) who such party owed a fiduciary duty to disclose;
(4) the person is a member of the immediate family of the individual
whose activities are the subject of the declaration or where, in the
discretion of the Attorney General, it appears the individual could
benefit from the award; or
(5) the person knowingly participated in the violation of the section
with respect to which the payment would be made.
(c) For the purposes of this /1/ subsection (b)(2), the term
''original source'' means a person who has direct and independent
knowledge of the information on which the allegations are based and has
voluntarily provided the information to the Government prior to the
disclosure.
(d) Neither the failure of the Attorney General to authorize a
payment nor the amount authorized shall be subject to judicial review.
(e)(1) A person who --
(A) is discharged, demoted, suspended, threatened, harassed, or in
any other manner discriminated against in the terms and conditions of
employment by an employer because of lawful acts done by the person on
behalf of the person or others in furtherance of a prosecution under any
of the sections referred to in subsection (a) (including provision of
information relating to, investigation for, initiation of, testimony
for, or assistance in such a prosecution); and
(B) was not a knowing participant in the unlawful activity that is
the subject of such a prosecution,
may, in a civil action, obtain all relief necessary to make the
person whole.
(2) Relief under paragraph (1) shall include --
(A)(i) reinstatement with the same seniority status;
(ii) 2 times the amount of back pay plus interest; and
(iii) interest on the backpay, /2/
that the plaintiff would have had but for the discrimination; and
(B) compensation for any special damages sustained as a result of the
discrimination, including litigation costs and reasonable attorney's
fees.
(Added Pub. L. 101-647, title XXV, 2587(a), Nov. 29, 1990, 104 Stat.
4904.)
Section 2569 of the Financial Institutions Anti-Fraud Enforcement Act
of 1990, referred to in subsec. (a)(2), is classified to section 4209
of Title 12, Banks and Banking.
/1/ So in original. The word ''this'' probably should not appear.
/2/ So in original. Probably should be ''back pay,''.
18 USC 3060. Preliminary examination
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Except as otherwise provided by this section, a preliminary
examination shall be held within the time set by the judge or magistrate
pursuant to subsection (b) of this section, to determine whether there
is probable cause to believe that an offense has been committed and that
the arrested person has committed it.
(b) The date for the preliminary examination shall be fixed by the
judge or magistrate at the initial appearance of the arrested person.
Except as provided by subsection (c) of this section, or unless the
arrested person waives the preliminary examination, such examination
shall be held within a reasonable time following initial appearance, but
in any event not later than --
(1) the tenth day following the date of the initial appearance of the
arrested person before such officer if the arrested person is held in
custody without any provision for release, or is held in custody for
failure to meet the conditions of release imposed, or is released from
custody only during specified hours of the day; or
(2) the twentieth day following the date of the initial appearance if
the arrested person is released from custody under any condition other
than a condition described in paragraph (1) of this subsection.
(c) With the consent of the arrested person, the date fixed by the
judge or magistrate for the preliminary examination may be a date later
than that prescribed by subsection (b), or may be continued one or more
times to a date subsequent to the date initially fixed therefor. In the
absence of such consent of the accused, the date fixed for the
preliminary hearing may be a date later than that prescribed by
subsection (b), or may be continued to a date subsequent to the date
initially fixed therefor, only upon the order of a judge of the
appropriate United States district court after a finding that
extraordinary circumstances exist, and that the delay of the preliminary
hearing is indispensable to the interests of justice.
(d) Except as provided by subsection (e) of this section, an arrested
person who has not been accorded the preliminary examination required by
subsection (a) within the period of time fixed by the judge or
magistrate in compliance with subsections (b) and (c), shall be
discharged from custody or from the requirement of bail or any other
condition of release, without prejudice, however, to the institution of
further criminal proceedings against him upon the charge upon which he
was arrested.
(e) No preliminary examination in compliance with subsection (a) of
this section shall be required to be accorded an arrested person, nor
shall such arrested person be discharged from custody or from the
requirement of bail or any other condition of release pursuant to
subsection (d), if at any time subsequent to the initial appearance of
such person before a judge or magistrate and prior to the date fixed for
the preliminary examination pursuant to subsections (b) and (c) an
indictment is returned or, in appropriate cases, an information is filed
against such person in a court of the United States.
(f) Proceedings before United States magistrates under this section
shall be taken down by a court reporter or recorded by suitable sound
recording equipment. A copy of the record of such proceeding shall be
made available at the expense of the United States to a person who makes
affidavit that he is unable to pay or give security therefor, and the
expense of such copy shall be paid by the Director of the Administrative
Office of the United States Courts.
(June 25, 1948, ch. 645, 62 Stat. 819; Oct. 17, 1968, Pub. L.
90-578, title III, 303(a), 82 Stat. 1117.)
1968 -- Pub. L. 90-578 substituted provisions of subsecs. (a) to
(f) of this section detailing preliminary examination content for prior
provisions which directed attention to the rule in section catchline,
and directed one to see Federal Rules of Criminal Procedure, including
''Proceedings before commissioner, appearance, advice as to right to
counsel, hearing, Rule 5.''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
18 USC 3061. Investigative powers of Postal Service personnel
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Subject to subsection (b) of this section, Postal Inspectors and
other agents of the United States Postal Service designated by the Board
of Governors to investigate criminal matters related to the Postal
Service and the mails may --
(1) serve warrants and subpoenas issued under the authority of the
United States;
(2) make arrests without warrant for offenses against the United
States committed in their presence;
(3) make arrests without warrant for felonies cognizable under the
laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such a
felony;
(4) carry firearms; and
(5) make seizures of property as provided by law.
(b) The powers granted by subsection (a) of this section shall be
exercised only --
(1) in the enforcement of laws regarding property in the custody of
the Postal Service, property of the Postal Service, the use of the
mails, and other postal offenses; and
(2) to the extent authorized by the Attorney General pursuant to
agreement between the Attorney General and the Postal Service, in the
enforcement of other laws of the United States, if the Attorney General
determines that violations of such laws have a detrimental effect upon
the operations of the Postal Service.
(Added Pub. L. 90-560, 5(a), Oct. 12, 1968, 82 Stat. 998; amended
Pub. L. 91-375, 6(j)(38)(A), Aug. 12, 1970, 84 Stat. 781; Pub. L.
100-690, title VI, 6251(a), Nov. 18, 1988, 102 Stat. 4362.)
1988 -- Pub. L. 100-690 substituted ''Investigative powers of Postal
Service personnel'' for ''Powers of postal personnel'' in section
catchline, and amended text generally. Prior to amendment, text read as
follows:
''(a) Subject to subsection (b) of this section, officers and
employees of the Postal Service performing duties related to the
inspection of postal matters may, to the extent authorized by the Board
of Governors --
''(1) serve warrants and subpenas issued under the authority of the
United States;
''(2) make arrests without warrant for offenses against the United
States committed in their presence; and
''(3) make arrests without warrant for felonies cognizable under the
laws of the United States if they have reasonable grounds to believe
that the person to be arrested has committed or is committing such a
felony.
''(b) The powers granted by subsection (a) of this section shall be
exercised only in the enforcement of laws regarding property of the
United States in the custody of the Postal Service, including property
of the Postal Service, the use of the mails, and other postal
offenses.''
1970 -- Pub. L. 91-375, 6(j)(38)(A)(i), substituted ''postal
personnel'' for ''postal inspectors'' in section catchline.
Subsec. (a). Pub. L. 91-375, 6(j)(38)(A)(ii), substituted ''officers
and employees of the Postal Service performing duties related to the
inspection of postal matters may, to the extent authorized by the Board
of Governors -- '' for ''postal inspectors may, to the extent authorized
by the Postmaster General -- ''.
Subsec. (b). Pub. L. 91-375, 6(j)(38)(A)(iii), substituted ''Postal
Service, including property of the Postal Service,'' for ''postal
service''.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by the Board of Governors of the
United States Postal Service and published by it in the Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an Effective
Date note preceding section 101 of Title 39, Postal Service.
18 USC 3062. General arrest authority for violation of release
conditions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A law enforcement officer, who is authorized to arrest for an offense
committed in his presence, may arrest a person who is released pursuant
to chapter 207 if the officer has reasonable grounds to believe that the
person is violating, in his presence, a condition imposed on the person
pursuant to section 3142(c)(1)(B)(iv), (v), (viii), (ix), or (xiii), or,
if the violation involves a failure to remain in a specified institution
as required, a condition imposed pursuant to section 3142(c)(1)(B)(x).
(Added Pub. L. 98-473, title II, 204(d), Oct. 12, 1984, 98 Stat.
1986; amended Pub. L. 100-690, title VII, 7052, Nov. 18, 1988, 102
Stat. 4401.)
1988 -- Pub. L. 100-690 substituted ''section 3142(c)(1)(B)(iv),
(v), (viii), (ix), or (xiii)'' for ''section 3142(c)(2)(D), (c)(2)(E),
(c)(2)(H), (c)(2)(I), or (c)(2)(M)'' and ''section 3142(c)(1)(B)(x)''
for ''section 3142(c)(2)(J)''.
18 USC 3063. Powers of Environmental Protection Agency
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Upon designation by the Administrator of the Environmental
Protection Agency, any law enforcement officer of the Environmental
Protection Agency with responsibility for the investigation of criminal
violations of a law administered by the Environmental Protection Agency,
may --
(1) carry firearms;
(2) execute and serve any warrant or other processes issued under the
authority of the United States; and
(3) make arrests without warrant for --
(A) any offense against the United States committed in such officer's
presence; or
(B) any felony offense against the United States if such officer has
probable cause to believe that the person to be arrested has committed
or is committing that felony offense.
(b) The powers granted under subsection (a) of this section shall be
exercised in accordance with guidelines approved by the Attorney
General.
(Added Pub. L. 100-582, 4(a), Nov. 1, 1988, 102 Stat. 2958.)
18 USC CHAPTER 204 -- REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3071. Information for which rewards authorized.
3072. Determination of entitlement; maximum amount; Presidential
approval; conclusiveness.
3073. Protection of identity.
3074. Exception of governmental officials.
3075. Authorization for appropriations.
3076. Eligibility for witness security program.
3077. Definitions.
18 USC 3071. Information for which rewards authorized
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
With respect to acts of terrorism primarily within the territorial
jurisdiction of the United States, the Attorney General may reward any
individual who furnishes information --
(1) leading to the arrest or conviction, in any country, of any
individual or individuals for the commission of an act of terrorism
against a United States person or United States property; or
(2) leading to the arrest or conviction, in any country, of any
individual or individuals for conspiring or attempting to commit an act
of terrorism against a United States person or property; or
(3) leading to the prevention, frustration, or favorable resolution
of an act of terrorism against a United States person or property.
(Added Pub. L. 98-533, title I, 101(a), Oct. 19, 1984, 98 Stat.
2706.)
Section 1 of Pub. L. 98-533 provided that: ''This Act (enacting
this chapter and section 2708 of Title 22, Foreign Relations and
Intercourse, amending sections 2669, 2678 and 2704 of Title 22, enacting
provisions set out as a note under section 5928 of Title 5, Government
Organization and Employees and amending provisions set out as a note
under section 2651 of Title 22) may be cited as the '1984 Act to Combat
International Terrorism'.''
18 USC 3072. Determination of entitlement; maximum amount;
Presidential approval; conclusiveness
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Attorney General shall determine whether an individual furnishing
information described in section 3071 is entitled to a reward and the
amount to be paid. A reward under this section may be in an amount not
to exceed $500,000. A reward of $100,000 or more may not be made
without the approval of the President or the Attorney General
personally. A determination made by the Attorney General or the
President under this chapter shall be final and conclusive, and no court
shall have power or jurisdiction to review it.
(Added Pub. L. 98-533, title I, 101(a), Oct. 19, 1984, 98 Stat.
2707.)
18 USC 3073. Protection of identity
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Any reward granted under this chapter shall be certified for payment
by the Attorney General. If it is determined that the identity of the
recipient of a reward or of the members of the recipient's immediate
family must be protected, the Attorney General may take such measures in
connection with the payment of the reward as deemed necessary to effect
such protection.
(Added Pub. L. 98-533, title I, 101(a), Oct. 19, 1984, 98 Stat.
2707.)
18 USC 3074. Exception of governmental officials
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No officer or employee of any governmental entity who, while in the
performance of his or her official duties, furnishes the information
described in section 3071 shall be eligible for any monetary reward
under this chapter.
(Added Pub. L. 98-533, title I, 101(a), Oct. 19, 1984, 98 Stat.
2707.)
18 USC 3075. Authorization for appropriations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
There are authorized to be appropriated, without fiscal year
limitation, $5,000,000 for the purpose of this chapter.
(Added Pub. L. 98-533, title I, 101(a), Oct. 19, 1984, 98 Stat.
2707.)
18 USC 3076. Eligibility for witness security program
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Any individual (and the immediate family of such individual) who
furnishes information which would justify a reward by the Attorney
General under this chapter or by the Secretary of State under section 36
of the State Department Basic Authorities Act of 1956 may, in the
discretion of the Attorney General, participate in the Attorney
General's witness security program authorized under chapter 224 of this
title.
(Added Pub. L. 98-533, title I, 101(a), Oct. 19, 1984, 98 Stat.
2707; amended Pub. L. 99-646, 45, Nov. 10, 1986, 100 Stat. 3601.)
Section 36 of the State Department Basic Authorities Act of 1956,
referred to in text, is classified to section 2708 of Title 22, Foreign
Relations and Intercourse.
1986 -- Pub. L. 99-646 substituted ''chapter 224 of this title'' for
''title V of the Organized Crime Control Act of 1970''.
18 USC 3077. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter, the term --
(1) ''act of terrorism'' means an activity that --
(A) involves a violent act or an act dangerous to human life that is
a violation of the criminal laws of the United States or of any State,
or that would be a criminal violation if committed within the
jurisdiction of the United States or of any State; and
(B) appears to be intended --
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or
coercion; or
(iii) to affect the conduct of a government by assassination or
kidnaping;
(2) ''United States person'' means --
(A) a national of the United States as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(B) an alien lawfully admitted for permanent residence in the United
States as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20));
(C) any person within the United States;
(D) any employee or contractor of the United States Government,
regardless of nationality, who is the victim or intended victim of an
act of terrorism by virtue of that employment;
(E) a sole proprietorship, partnership, company, or association
composed principally of nationals or permanent resident aliens of the
United States; and
(F) a corporation organized under the laws of the United States, any
State, the District of Columbia, or any territory or possession of the
United States, and a foreign subsidiary of such corporation;
(3) ''United States property'' means any real or personal property
which is within the United States or, if outside the United States, the
actual or beneficial ownership of which rests in a United States person
or any Federal or State governmental entity of the United States;
(4) ''United States'', when used in a geographical sense, includes
Puerto Rico and all territories and possessions of the United States;
(5) ''State'' includes any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any other possession
or territory of the United States;
(6) ''government entity'' includes the Government of the United
States, any State or political subdivision thereof, any foreign country,
and any state, provincial, municipal, or other political subdivision of
a foreign country; and
(7) ''Attorney General'' means the Attorney General of the United
States or that official designated by the Attorney General to perform
the Attorney General's responsibilities under this chapter.
(Added Pub. L. 98-533, title I, 101(a), Oct. 19, 1984, 98 Stat.
2707; amended Pub. L. 100-690, title VII, 7051, Nov. 18, 1988, 102
Stat. 4401; Pub. L. 101-647, title XXXV, 3572, Nov. 29, 1990, 104
Stat. 4929.)
1990 -- Pub. L. 101-647 substituted a semicolon for a period at end
of pars. (1) to (3), moved the comma from before the close quotation
mark to after that mark in par. (4), substituted a semicolon for a
period at end of par. (5), and substituted ''; and'' for period at end
of par. (6).
1988 -- Par. (4). Pub. L. 100-690 amended par. (4) generally.
Prior to amendment, par. (4) read as follows: '''United States' --
''(A) when used in a geographical sense, includes Puerto Rico and all
territories and possessions of the United States; and
''(B) when used in the context of section 3073 shall have the meaning
given to it in the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).''
18 USC CHAPTER 205 -- SEARCHES AND SEIZURES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3101. Effect of rules of court -- Rule.
3102. Authority to issue search warrant -- Rule.
3103. Grounds for issuing search warrant -- Rule.
3103a. Additional grounds for issuing warrant.
3104. Issuance of search warrant; contents -- Rule.
3105. Persons authorized to serve search warrant.
3106. Officer authorized to serve search warrant -- Rule.
3107. Service of warrants and seizures by Federal Bureau of
Investigation.
3108. Execution, service, and return -- Rule.
3109. Breaking doors or windows for entry or exit.
3110. Property defined -- Rule.
3111. Property seizable on search warrant -- Rule.
(3112. Repealed.)
3113. Liquor violations in Indian country.
3114. Return of seized property and suppression of evidence; motion
-- Rule.
3115. Inventory upon execution and return of search warrant -- Rule.
3116. Records of examining magistrate; return to clerk of court --
Rule.
3117. Mobile tracking devices.
3118. Implied consent for certain tests.
Pub. L. 90-351 enacted section 3103a of this title as part of chapter
204, and Pub. L. 90-462, 3, Aug. 8, 1968, 82 Stat. 638, corrected
the chapter designation from 204 to 205.
1990 -- Pub. L. 101-647, title XXXV, 3573(d), Nov. 29, 1990, 104
Stat. 4929, struck out item 3112 ''Search warrants for seizure of
animals, birds, or eggs'' and renumbered item 3117, ''Implied consent
for certain tests'', as 3118.
1988 -- Pub. L. 100-690, title VI, 6477(b)(2), Nov. 18, 1988, 102
Stat. 4381, added item 3117 ''Implied consent for certain tests''.
1986 -- Pub. L. 99-508, title I, 108(b), Oct. 21, 1986, 100 Stat.
1858, added item 3117 ''Mobile tracking devices''.
1968 -- Pub. L. 90-351, title IX, 1401(b), June 19, 1968, 82 Stat.
238, added item 3103a.
18 USC 3101. Effect of rules of court -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Rules generally applicable throughout United States, Rule 54.
Acts of Congress superseded, Rule 41(g).
(June 25, 1948, ch. 645, 62 Stat. 819.)
Rule 41(g), referred to in text, was relettered 41(h) by 1972
amendment eff. Oct. 1, 1972.
18 USC 3102. Authority to issue search warrant -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Federal, State or Territorial Judges, or U.S. magistrates authorized
to issue search warrants, Rule 41(a).
(June 25, 1948, ch. 645, 62 Stat. 819; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(4), 82 Stat. 1115.)
1968 -- Pub. L. 90-578 substituted ''magistrates'' for
''Commissioners''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
18 USC 3103. Grounds for issuing search warrant -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Grounds prescribed for issuance of search warrant, Rule 41(b).
(June 25, 1948, ch. 645, 62 Stat. 819.)
18 USC 3103a. Additional grounds for issuing warrant
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
In addition to the grounds for issuing a warrant in section 3103 of
this title, a warrant may be issued to search for and seize any property
that constitutes evidence of a criminal offense in violation of the laws
of the United States.
(Added Pub. L. 90-351, title IX, 1401(a), June 19, 1968, 82 Stat.
238.)
Pub. L. 90-351 enacted section 3103a of this title as part of chapter
204, and Pub. L. 90-462, 3, Aug. 8, 1968, 82 Stat. 638, corrected
the chapter designation from 204 to 205.
18 USC 3104. Issuance of search warrant; contents -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Issuance of search warrant on affidavit; contents to identify
persons or place; command to search forthwith, Rule 41(c).
(June 25, 1948, ch. 645, 62 Stat. 819.)
18 USC 3105. Persons authorized to serve search warrant
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A search warrant may in all cases be served by any of the officers
mentioned in its direction or by an officer authorized by law to serve
such warrant, but by no other person, except in aid of the officer on
his requiring it, he being present and acting in its execution.
(June 25, 1948, ch. 645, 62 Stat. 819.)
Based on title 18, U.S.C., 1940 ed., 617 (June 15, 1917, ch. 30,
title XI, 7, 40 Stat. 229).
Minor change was made in phraseology.
Applicability of section to Canal Zone, see section 14 of this title.
Search warrants and seizures, see rule 41, Appendix to this title.
18 USC 3106. Officer authorized to serve search warrant -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Officer to whom search warrant shall be directed, Rule 41(c).
(June 25, 1948, ch. 645, 62 Stat. 819.)
18 USC 3107. Service of warrants and seizures by Federal Bureau of
Investigation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Director, Associate Director, Assistant to the Director,
Assistant Directors, agents, and inspectors of the Federal Bureau of
Investigation of the Department of Justice are empowered to make
seizures under warrant for violation of the laws of the United States.
(June 25, 1948, ch. 645, 62 Stat. 819; Jan. 10, 1951, ch. 1221, 2,
64 Stat. 1239.)
Based on section 300a of title 5, U.S.C., 1940 ed., Executive
Departments and Government Officers and Employees (June 18, 1934, ch.
595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77).
Section 300a of title 5, U.S.C., 1940 ed., Executive Departments and
Government Officers and Employees, was used as the basis for this
section and section 3052 of this title.
1951 -- Act Jan. 10, 1951, included within its provisions the
Associate Director and the Assistant to the Director.
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a few
exceptions, transferred to Attorney General, with power vested in him to
authorize their performance or performance of any of his functions by
any of such officers, agencies, and employees, by Reorg. Plan No. 2 of
1950, 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out
in the Appendix to Title 5, Government Organization and Employees.
18 USC 3108. Execution, service, and return -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Method and time for execution, service and return of search warrant,
Rule 41(c), (d).
(June 25, 1948, ch. 645, 62 Stat. 819.)
18 USC 3109. Breaking doors or windows for entry or exit
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The officer may break open any outer or inner door or window of a
house, or any part of a house, or anything therein, to execute a search
warrant, if, after notice of his authority and purpose, he is refused
admittance or when necessary to liberate himself or a person aiding him
in the execution of the warrant.
(June 25, 1948, ch. 645, 62 Stat. 820.)
Based on title 18, U.S.C., 1940 ed., 618, 619 (June 15, 1917, ch.
30, title XI, 8, 9, 40 Stat. 229).
Said sections 618 and 619 were consolidated with minor changes in
phraseology but without change of substance.
Applicability of section to Canal Zone, see section 14 of this title.
Search warrants and seizures, see rule 41, Appendix to this title.
Authority, exceeding in executing warrant, see section 2234 of this
title.
18 USC 3110. Property defined -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Term ''property'' as used in Rule 41 includes documents, books,
papers and any other tangible objects, Rule 41(g).
(June 25, 1948, ch. 645, 62 Stat. 820.)
Rule 41(g), referred to in text, was redesignated 41(h) by 1972
amendment eff. Oct. 1, 1972.
18 USC 3111. Property seizable on search warrant -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Specified property seizable on search warrant, Rule 41(b).
(June 25, 1948, ch. 645, 62 Stat. 820.)
18 USC ( 3112. Repealed. Pub. L. 97-79, 9(b)(3), Nov. 16, 1981, 95
Stat. 1079)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, acts June 25, 1948, ch. 645, 62 Stat. 820; Dec. 5, 1969,
Pub. L. 91-135, 7(c), 83 Stat. 281; Nov. 8, 1978, Pub. L. 95-616,
3(j)(1), 92 Stat. 3112, provided for issuance of search warrants for
seizure of animals, birds, and eggs. See section 3375 of Title 16,
Conservation.
18 USC 3113. Liquor violations in Indian country
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
If any superintendent of Indian affairs, or commanding officer of a
military post, or special agent of the Office of Indian Affairs for the
suppression of liquor traffic among Indians and in the Indian country
and any authorized deputies under his supervision has probable cause to
believe that any person is about to introduce or has introduced any
spirituous liquor, beer, wine or other intoxicating liquors named in
sections 1154 and 1156 of this title into the Indian country in
violation of law, he may cause the places, conveyances, and packages of
such person to be searched. If any such intoxicating liquor is found
therein, the same, together with such conveyances and packages of such
person, shall be seized and delivered to the proper officer, and shall
be proceeded against by libel in the proper court, and forfeited,
one-half to the informer and one-half to the use of the United States.
If such person be a trader, his license shall be revoked and his bond
put in suit.
Any person in the service of the United States authorized by this
section to make searches and seizures, or any Indian may take and
destroy any ardent spirits or wine found in the Indian country, except
such as are kept or used for scientific, sacramental, medicinal, or
mechanical purposes or such as may be introduced therein by the
Department of the Army.
In all cases arising under this section and sections 1154 and 1156 of
this title, Indians shall be competent witnesses.
(June 25, 1948, ch. 645, 62 Stat. 820; Oct. 31, 1951, ch. 655, 30,
65 Stat. 721.)
Based on sections 246, 248, 252 of title 25, U.S.C., 1940 ed.,
Indians (R.S. 2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017; May 18,
1916, ch. 125, 1, 39 Stat. 124).
Said sections 246, 248, and 252 were consolidated. References to
Indian agent and subagent were deleted since those positions no longer
exist. See section 64 of title 25, U.S.C., 1940 ed., Indians, and notes
thereunder.
Words ''except such as are kept or used for scientific, sacramental,
medicinal or mechanical purposes'' were inserted. See reviser's note
under section 1154 of this title.
Words ''conveyances and packages'' were substituted for the
enumeration, ''boats, teams, wagons and sleds * * * and goods, packages
and peltries.''
Minor changes were made in phraseology.
1951 -- Act Oct. 31, 1951, substituted ''Department of the Army''
for ''War Department'' in second par.
Admiralty and maritime rules of practice (which included libel
procedures) were superseded, and civil and admiralty procedures in
United States district courts were unified, effective July 1, 1966, see
rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims,
Title 28, Appendix, Judiciary and Judicial Procedure.
Application of Indian liquor laws, see section 1161 of this title.
Disposition of seized conveyances, see section 3670 of this title.
Forfeitures and seizures --
Conveyances introducing intoxicants into Indian country, see section
3669 of this title.
Jurisdiction, see sections 1355 and 1356 of Title 28, Judiciary and
Judicial Procedure.
Proceedings, see section 2461 of Title 28.
Indian country defined, see section 1151 of this title.
Intoxicants dispensed in Indian country, see section 1154 of this
title.
Unlawful possession of intoxicants in Indian country, see section
1156 of this title.
title.
18 USC 3114. Return of seized property and suppression of evidence;
motion -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Return of property and suppression of evidence upon motion, Rule
41(e).
(June 25, 1948, ch. 645, 62 Stat. 820.)
18 USC 3115. Inventory upon execution and return of search warrant --
(Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Inventory of property seized under search warrant and copies to
persons affected, Rule 41(d).
(June 25, 1948, ch. 645, 62 Stat. 820.)
18 USC 3116. Records of examining magistrate; return to clerk of
court -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Magistrates and clerks of court to keep records as prescribed by
Director of the Administrative Office of the United States Courts, Rule
55.
Return or filing of records with clerk, Rule 41(f).
(June 25, 1948, ch. 645, 62 Stat. 821; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(4), 82 Stat. 1115.)
Section 627 of title 18, U.S.C., 1940 ed., relating to the filing of
search warrants and companion papers, was omitted as unnecessary in view
of Rule 41(f) of the Federal Rules of Criminal Procedure.
Rule 41(f), referred to in text, was redesignated 41(g) by 1972
amendment eff. Oct. 1, 1972.
1968 -- Pub. L. 90-578 substituted ''Magistrates'' for
''Commissioners''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
18 USC 3117. Mobile tracking devices
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- If a court is empowered to issue a warrant or
other order for the installation of a mobile tracking device, such order
may authorize the use of that device within the jurisdiction of the
court, and outside that jurisdiction if the device is installed in that
jurisdiction.
(b) Definition. -- As used in this section, the term ''tracking
device'' means an electronic or mechanical device which permits the
tracking of the movement of a person or object.
(Added Pub. L. 99-508, title I, 108(a), Oct. 21, 1986, 100 Stat.
1858.)
Another section 3117 was renumbered section 3118 of this title.
Section effective 90 days after Oct. 21, 1986, and, in case of
conduct pursuant to court order or extension, applicable only with
respect to court orders and extensions made after such date, with
special rule for State authorizations of interceptions, see section 111
of Pub. L. 99-508, set out as an Effective Date of 1986 Amendment note
under section 2510 of this title.
18 USC 3118. Implied consent for certain tests
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Consent. -- Whoever operates a motor vehicle in the special
maritime and territorial jurisdiction of the United States consents
thereby to a chemical test or tests of such person's blood, breath, or
urine, if arrested for any offense arising from such person's driving
while under the influence of a drug or alcohol in such jurisdiction.
The test or tests shall be administered upon the request of a police
officer having reasonable grounds to believe the person arrested to have
been driving a motor vehicle upon the special maritime and territorial
jurisdiction of the United States while under the influence of drugs or
alcohol in violation of the laws of a State, territory, possession, or
district.
(b) Effect of Refusal. -- Whoever, having consented to a test or
tests by reason of subsection (a), refuses to submit to such a test or
tests, after having first been advised of the consequences of such a
refusal, shall be denied the privilege of operating a motor vehicle upon
the special maritime and territorial jurisdiction of the United States
during the period of a year commencing on the date of arrest upon which
such test or tests was refused, and such refusal may be admitted into
evidence in any case arising from such person's driving while under the
influence of a drug or alcohol in such jurisdiction. Any person who
operates a motor vehicle in the special maritime and territorial
jurisdiction of the United States after having been denied such
privilege under this subsection shall be treated for the purposes of any
civil or criminal proceedings arising out of such operation as operating
such vehicle without a license to do so.
(Added Pub. L. 100-690, title VI, 6477(b)(1), Nov. 18, 1988, 102
Stat. 4381, 3117; renumbered 3118, Pub. L. 101-647, title XXXV,
3574, Nov. 29, 1990, 104 Stat. 4929.)
1990 -- Pub. L. 101-647 renumbered second section 3117 of this title
as this section.
18 USC CHAPTER 206 -- PEN REGISTERS AND TRAP AND TRACE DEVICES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3121. General prohibition on pen register and trap and trace device
use; exception.
3122. Application for an order for a pen register or a trap and
trace device.
3123. Issuance of an order for a pen register or a trap and trace
device.
3124. Assistance in installation and use of a pen register or a trap
and trace device.
3125. Emergency pen register and trap and trace device installation.
3126. Reports concerning pen registers and trap and trace devices.
3127. Definitions for chapter.
1988 -- Pub. L. 100-690, title VII, 7068, 7092(c), Nov. 18, 1988,
102 Stat. 4405, 4411, substituted ''trap and trace'' for ''trap or
trace'' in item 3123, added item 3125, and redesignated former items
3125 and 3126 as 3126 and 3127, respectively.
18 USC 3121. General prohibition on pen register and trap and trace
device use; exception
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- Except as provided in this section, no person may
install or use a pen register or a trap and trace device without first
obtaining a court order under section 3123 of this title or under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(b) Exception. -- The prohibition of subsection (a) does not apply
with respect to the use of a pen register or a trap and trace device by
a provider of electronic or wire communication service --
(1) relating to the operation, maintenance, and testing of a wire or
electronic communication service or to the protection of the rights or
property of such provider, or to the protection of users of that service
from abuse of service or unlawful use of service; or
(2) to record the fact that a wire or electronic communication was
initiated or completed in order to protect such provider, another
provider furnishing service toward the completion of the wire
communication, or a user of that service, from fraudulent, unlawful or
abusive use of service; or (3) where the consent of the user of that
service has been obtained.
(c) Penalty. -- Whoever knowingly violates subsection (a) shall be
fined under this title or imprisoned not more than one year, or both.
(Added Pub. L. 99-508, title III, 301(a), Oct. 21, 1986, 100 Stat.
1868.)
The Foreign Intelligence Surveillance Act of 1978, referred to in
subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
amended, which is classified principally to chapter 36 ( 1801 et seq.)
of Title 50, War and National Defense. For complete classification of
this Act to the Code, see Short Title note set out under section 1801 of
Title 50 and Tables.
Section 302 of title III of Pub. L. 99-508 provided that:
''(a) In General. -- Except as provided in subsection (b), this title
and the amendments made by this title (enacting this chapter and section
1367 of this title) shall take effect ninety days after the date of the
enactment of this Act (Oct. 21, 1986) and shall, in the case of conduct
pursuant to a court order or extension, apply only with respect to court
orders or extensions made after this title takes effect.
''(b) Special Rule for State Authorizations of Interceptions. -- Any
pen register or trap and trace device order or installation which would
be valid and lawful without regard to the amendments made by this title
shall be valid and lawful notwithstanding such amendments if such order
or installation occurs during the period beginning on the date such
amendments take effect and ending on the earlier of --
''(1) the day before the date of the taking effect of changes in
State law required in order to make orders or installations under
Federal law as amended by this title; or
''(2) the date two years after the date of the enactment of this Act
(Oct. 21, 1986).''
18 USC 3122. Application for an order for a pen register or a trap and
trace device
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Application. -- (1) An attorney for the Government may make
application for an order or an extension of an order under section 3123
of this title authorizing or approving the installation and use of a pen
register or a trap and trace device under this chapter, in writing under
oath or equivalent affirmation, to a court of competent jurisdiction.
(2) Unless prohibited by State law, a State investigative or law
enforcement officer may make application for an order or an extension of
an order under section 3123 of this title authorizing or approving the
installation and use of a pen register or a trap and trace device under
this chapter, in writing under oath or equivalent affirmation, to a
court of competent jurisdiction of such State.
(b) Contents of Application. -- An application under subsection (a)
of this section shall include --
(1) the identity of the attorney for the Government or the State law
enforcement or investigative officer making the application and the
identity of the law enforcement agency conducting the investigation;
and
(2) a certification by the applicant that the information likely to
be obtained is relevant to an ongoing criminal investigation being
conducted by that agency.
(Added Pub. L. 99-508, title III, 301(a), Oct. 21, 1986, 100 Stat.
1869.)
18 USC 3123. Issuance of an order for a pen register or a trap and
trace device
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- Upon an application made under section 3122 of
this title, the court shall enter an ex parte order authorizing the
installation and use of a pen register or a trap and trace device within
the jurisdiction of the court if the court finds that the attorney for
the Government or the State law enforcement or investigative officer has
certified to the court that the information likely to be obtained by
such installation and use is relevant to an ongoing criminal
investigation.
(b) Contents of Order. -- An order issued under this section --
(1) shall specify --
(A) the identity, if known, of the person to whom is leased or in
whose name is listed the telephone line to which the pen register or
trap and trace device is to be attached;
(B) the identity, if known, of the person who is the subject of the
criminal investigation;
(C) the number and, if known, physical location of the telephone line
to which the pen register or trap and trace device is to be attached
and, in the case of a trap and trace device, the geographic limits of
the trap and trace order; and
(D) a statement of the offense to which the information likely to be
obtained by the pen register or trap and trace device relates; and
(2) shall direct, upon the request of the applicant, the furnishing
of information, facilities, and technical assistance necessary to
accomplish the installation of the pen register or trap and trace device
under section 3124 of this title.
(c) Time Period and Extensions. -- (1) An order issued under this
section shall authorize the installation and use of a pen register or a
trap and trace device for a period not to exceed sixty days.
(2) Extensions of such an order may be granted, but only upon an
application for an order under section 3122 of this title and upon the
judicial finding required by subsection (a) of this section. The period
of extension shall be for a period not to exceed sixty days.
(d) Nondisclosure of Existence of Pen Register or a Trap and Trace
Device. -- An order authorizing or approving the installation and use of
a pen register or a trap and trace device shall direct that --
(1) the order be sealed until otherwise ordered by the court; and
(2) the person owning or leasing the line to which the pen register
or a trap and trace device is attached, or who has been ordered by the
court to provide assistance to the applicant, not disclose the existence
of the pen register or trap and trace device or the existence of the
investigation to the listed subscriber, or to any other person, unless
or until otherwise ordered by the court.
(Added Pub. L. 99-508, title III, 301(a), Oct. 21, 1986, 100 Stat.
1869.)
18 USC 3124. Assistance in installation and use of a pen register or a
trap and trace device
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Pen Registers. -- Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized to
install and use a pen register under this chapter, a provider of wire or
electronic communication service, landlord, custodian, or other person
shall furnish such investigative or law enforcement officer forthwith
all information, facilities, and technical assistance necessary to
accomplish the installation of the pen register unobtrusively and with a
minimum of interference with the services that the person so ordered by
the court accords the party with respect to whom the installation and
use is to take place, if such assistance is directed by a court order as
provided in section 3123(b)(2) of this title.
(b) Trap and Trace Device. -- Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized to
receive the results of a trap and trace device under this chapter, a
provider of a wire or electronic communication service, landlord,
custodian, or other person shall install such device forthwith on the
appropriate line and shall furnish such investigative or law enforcement
officer all additional information, facilities and technical assistance
including installation and operation of the device unobtrusively and
with a minimum of interference with the services that the person so
ordered by the court accords the party with respect to whom the
installation and use is to take place, if such installation and
assistance is directed by a court order as provided in section
3123(b)(2) of this title. Unless otherwise ordered by the court, the
results of the trap and trace device shall be furnished, pursuant to
section 3123(b) or section 3125 of this title, to the officer of a law
enforcement agency, designated in the court order, at reasonable
intervals during regular business hours for the duration of the order.
(c) Compensation. -- A provider of a wire or electronic communication
service, landlord, custodian, or other person who furnishes facilities
or technical assistance pursuant to this section shall be reasonably
compensated for such reasonable expenses incurred in providing such
facilities and assistance.
(d) No Cause of Action Against a Provider Disclosing Information
Under This Chapter. -- No cause of action shall lie in any court against
any provider of a wire or electronic communication service, its
officers, employees, agents, or other specified persons for providing
information, facilities, or assistance in accordance with the terms of a
court order under this chapter or request pursuant to section 3125 of
this title.
(e) Defense. -- A good faith reliance on a court order under this
chapter, a request pursuant to section 3125 of this title, a legislative
authorization, or a statutory authorization is a complete defense
against any civil or criminal action brought under this chapter or any
other law.
(Added Pub. L. 99-508, title III, 301(a), Oct. 21, 1986, 100 Stat.
1870; amended Pub. L. 100-690, title VII, 7040, 7092(b), (d), Nov.
18, 1988, 102 Stat. 4399, 4411; Pub. L. 101-647, title XXXV, 3575,
Nov. 29, 1990, 104 Stat. 4929.)
1990 -- Subsec. (b). Pub. L. 101-647 substituted ''section 3123(b)''
for ''subsection 3123(b)''.
1988 -- Subsec. (b). Pub. L. 100-690, 7040, 7092(d), inserted '',
pursuant to subsection 3123(b) or section 3125 of this title,'' after
''shall be furnished'' and ''order'' after last reference to ''court''.
Subsec. (d). Pub. L. 100-690, 7092(b)(1), inserted ''or request
pursuant to section 3125 of this title'' after ''this chapter''.
Subsec. (e). Pub. L. 100-690, 7092(b)(2), inserted ''under this
chapter, a request pursuant to section 3125 of this title'' after
''court order''.
18 USC 3125. Emergency pen register and trap and trace device
installation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated by the
Attorney General, the Deputy Attorney General, the Associate Attorney
General, any Assistant Attorney General, any acting Assistant Attorney
General, or any Deputy Assistant Attorney General, or by the principal
prosecuting attorney of any State or subdivision thereof acting pursuant
to a statute of that State, who reasonably determines that --
(1) an emergency situation exists that involves --
(A) immediate danger of death or serious bodily injury to any person;
or
(B) conspiratorial activities characteristic of organized crime,
that requires the installation and use of a pen register or a trap
and trace device before an order authorizing such installation and use
can, with due diligence, be obtained, and
(2) there are grounds upon which an order could be entered under this
chapter to authorize such installation and use '' /1/ may have installed
and use a pen register or trap and trace device if, within forty-eight
hours after the installation has occurred, or begins to occur, an order
approving the installation or use is issued in accordance with section
3123 of this title.'' /1/
(b) In the absence of an authorizing order, such use shall
immediately terminate when the information sought is obtained, when the
application for the order is denied or when forty-eight hours have
lapsed since the installation of the pen register or trap and trace
device, whichever is earlier.
(c) The knowing installation or use by any investigative or law
enforcement officer of a pen register or trap and trace device pursuant
to subsection (a) without application for the authorizing order within
forty-eight hours of the installation shall constitute a violation of
this chapter.
(d) A provider for a wire or electronic service, landlord, custodian,
or other person who furnished facilities or technical assistance
pursuant to this section shall be reasonably compensated for such
reasonable expenses incurred in providing such facilities and
assistance.
(Added Pub. L. 100-690, title VII, 7092(a)(2), Nov. 18, 1988, 102
Stat. 4410.)
A prior section 3125 was renumbered section 3126 of this title.
/1/ So in original. Quotation marks probably should not appear.
18 USC 3126. Reports concerning pen registers and trap and trace
devices
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Attorney General shall annually report to Congress on the number
of pen register orders and orders for trap and trace devices applied for
by law enforcement agencies of the Department of Justice.
(Added Pub. L. 99-508, title III, 301(a), Oct. 21, 1986, 100 Stat.
1871, 3125; renumbered 3126, Pub. L. 100-690, title VII, 7092(a)(1),
Nov. 18, 1988, 102 Stat. 4410.)
A prior section 3126 was renumbered section 3127 of this title.
1988 -- Pub. L. 100-690 renumbered section 3125 of this title as
this section.
18 USC 3127. Definitions for chapter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) the terms ''wire communication'', ''electronic communication'',
and ''electronic communication service'' have the meanings set forth for
such terms in section 2510 of this title;
(2) the term ''court of competent jurisdiction'' means --
(A) a district court of the United States (including a magistrate of
such a court) or a United States Court of Appeals; or
(B) a court of general criminal jurisdiction of a State authorized by
the law of that State to enter orders authorizing the use of a pen
register or a trap and trace device;
(3) the term ''pen register'' means a device which records or decodes
electronic or other impulses which identify the numbers dialed or
otherwise transmitted on the telephone line to which such device is
attached, but such term does not include any device used by a provider
or customer of a wire or electronic communication service for billing,
or recording as an incident to billing, for communications services
provided by such provider or any device used by a provider or customer
of a wire communication service for cost accounting or other like
purposes in the ordinary course of its business;
(4) the term ''trap and trace device'' means a device which captures
the incoming electronic or other impulses which identify the originating
number of an instrument or device from which a wire or electronic
communication was transmitted;
(5) the term ''attorney for the Government'' has the meaning given
such term for the purposes of the Federal Rules of Criminal Procedure;
and
(6) the term ''State'' means a State, the District of Columbia,
Puerto Rico, and any other possession or territory of the United States.
(Added Pub. L. 99-508, title III, 301(a), Oct. 21, 1986, 100 Stat.
1871, 3126; renumbered 3127, Pub. L. 100-690, title VII, 7092(a)(1),
Nov. 18, 1988, 102 Stat. 4410.)
The Federal Rules of Criminal Procedure, referred to in par. (5),
are set out in the Appendix to this title.
1988 -- Pub. L. 100-690 renumbered section 3126 of this title as
this section.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
18 USC CHAPTER 207 -- RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3141. Release and detention authority generally.
3142. Release or detention of a defendant pending trial.
3143. Release or detention of a defendant pending sentence or
appeal.
3144. Release or detention of a material witness.
3145. Review and appeal of a release or detention order.
3146. Penalty for failure to appear.
3147. Penalty for an offense committed while on release.
3148. Sanctions for violation of a release condition.
3149. Surrender of an offender by a surety.
3150. Applicability to a case removed from a State court.
(3150a. Repealed.)
3151. Refund of forfeited bail.
3152. Establishment of pretrial services.
3153. Organization and administration of pretrial services.
3154. Functions and powers relating to pretrial services.
3155. Annual reports.
3156. Definitions.
1988 -- Pub. L. 100-690, title VII, 7084(b), Nov. 18, 1988, 102
Stat. 4408, added item 3151.
1984 -- Pub. L. 98-473, title II, 203(e), Oct. 12, 1984, 98 Stat.
1985, inserted ''AND DETENTION PENDING JUDICIAL PROCEEDING'' in chapter
heading, added new items 3141 to 3150, and struck out former items 3141
to 3151 as follows: item 3141 ''Power of courts and magistrates'', item
3142 ''Surrender by bail'', item 3143 ''Additional bail'', item 3144
''Cases removed from State courts'', item 3145 ''Parties and witnesses
-- Rule'', item 3146 ''Release in noncapital cases prior to trial'',
item 3147 ''Appeal from conditions of release'', item 3148 ''Release in
capital cases or after conviction'', item 3149 ''Release of material
witnesses'', item 3150 ''Penalties for failure to appear'', item 3150a
''Refund of forfeited bail'', item 3151 ''Contempt''.
1982 -- Pub. L. 97-267, 6, Sept. 27, 1982, 96 Stat. 1138, struck
out ''agencies'' after ''services'' in item 3152, substituted ''and
administration of pretrial services'' for ''of pretrial services
agencies'' in item 3153, ''relating to pretrial services'' for ''of
pretrial services agencies'' in item 3154, and ''Annual reports'' for
''Report to Congress'' in item 3155.
Pub. L. 97-258, 2(d)(3)(A), Sept. 13, 1982, 96 Stat. 1058, added
item 3150a.
1975 -- Pub. L. 93-619, title II, 202, Jan. 3, 1975, 88 Stat.
2089, added items 3153 to 3156, and in item 3152, substituted
''Establishment of Pretrial Services Agencies'' for ''Definitions''.
1966 -- Pub. L. 89-465, 3(b), 5(e)(1), June 22, 1966, 80 Stat.
216, 217, substituted ''RELEASE'' for ''BAIL'' in chapter heading and
''Release in noncapital cases prior to trial'' for ''Jumping Bail'' in
item 3146, and added items 3147 to 3152.
1954 -- Act Aug. 20, 1954, ch. 772, 2, 68 Stat. 748, added item
3146.
18 USC 3141. Release and detention authority generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Pending Trial. -- A judicial officer authorized to order the
arrest of a person under section 3041 of this title before whom an
arrested person is brought shall order that such person be released or
detained, pending judicial proceedings, under this chapter.
(b) Pending Sentence or Appeal. -- A judicial officer of a court of
original jurisdiction over an offense, or a judicial officer of a
Federal appellate court, shall order that, pending imposition or
execution of sentence, or pending appeal of conviction or sentence, a
person be released or detained under this chapter.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1976; amended Pub. L. 99-646, 55(a), (b), Nov. 10, 1986, 100 Stat.
3607.)
A prior section 3141, acts June 25, 1948, ch. 645, 62 Stat. 821;
June 22, 1966, Pub. L. 89-465, 5(b), 80 Stat. 217, which related to
powers of courts and magistrates with respect to release on bail or
otherwise, was repealed in the revision of this chapter by section
203(a) of Pub. L. 98-473.
1986 -- Subsec. (a). Pub. L. 99-646, 55(a), (b), substituted
''authorized to order the arrest of a person under section 3041 of this
title before whom an arrested person is brought shall order that such
person be released'' for ''who is authorized to order the arrest of a
person pursuant to section 3041 of this title shall order that an
arrested person who is brought before him be released'' and ''under this
chapter'' for ''pursuant to the provisions of this chapter''.
Subsec. (b). Pub. L. 99-646, 55(a), substituted ''under this
chapter'' for ''pursuant to the provisions of this chapter''.
Section 55(j) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section and sections 3142 to 3144,
3146 to 3148, and 3156 of this title) shall take effect 30 days after
the date of enactment of this Act (Nov. 10, 1986).''
Pub. L. 101-647, title IX, 901, Nov. 29, 1990, 104 Stat. 4826,
provided that: ''This title (amending sections 3143 and 3145 of this
title) may be cited as the 'Mandatory Detention for Offenders Convicted
of Serious Crimes Act'.''
Section 202 of chapter I ( 202-210) of title II of Pub. L. 98-473
provided that: ''This chapter (enacting sections 3062 and 3141 to 3150
of this title, amending sections 3041, 3042, 3154, 3156, 3731, 3772, and
4282 of this title and section 636 of Title 28, Judiciary and Judicial
Procedure, repealing sections 3043 and 3141 to 3151 of this title, and
amending rules 5, 15, 40, 46, and 54 of the Federal Rules of Criminal
Procedure, set out in the Appendix to this title, and rule 9 of the
Federal Rules of Appellate Procedure, set out in the Appendix to Title
28) may be cited as the 'Bail Reform Act of 1984'.''
Pub. L. 97-267, 1, Sept. 27, 1982, 96 Stat. 1136, provided:
''That this Act (amending sections 3152 to 3155 of this title and
section 604 of Title 28, Judiciary and Judicial Procedure, and enacting
provisions set out as notes under sections 3141 and 3152 of this title)
may be cited as the 'Pretrial Services Act of 1982'.''
Section 1 of Pub. L. 89-465 provided: ''That this Act (enacting
sections 3146 to 3152 of this title, amending sections 3041, 3141 to
3143, and 3568 of this title, and enacting provisions set out as a note
below) may be cited as the 'Bail Reform Act of 1966'.''
Section 2 of Pub. L. 89-465 provided that: ''The purpose of this
Act (enacting sections 3146 to 3152 of this title, amending sections
3041, 3141 to 3143, and 3568 of this title and enacting provisions set
out as a note above) is to revise the practices relating to bail to
assure that all persons, regardless of their financial status, shall not
needlessly be detained pending their appearance to answer charges, to
testify, or pending appeal, when detention serves neither the ends of
justice nor the public interest.''
Amount of bail may be fixed by court and endorsed on warrant, see
rule 9, Appendix to this title.
Release from custody --
Generally, see rule 46.
Criminal contempt proceedings, see rule 42.
Removal proceedings, see rule 40.
Secrecy of indictment pending defendant's custody or release pending
trial, see rule 6.
United States magistrate judges authorized to detain or conditionally
release arrested persons, see rule 5.
Power of courts and magistrate judges to arrest, detain, or
conditionally release Federal offenders, see section 3041 of this title.
18 USC 3142. Release or detention of a defendant pending trial
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- Upon the appearance before a judicial officer of a
person charged with an offense, the judicial officer shall issue an
order that, pending trial, the person be --
(1) released on personal recognizance or upon execution of an
unsecured appearance bond, under subsection (b) of this section;
(2) released on a condition or combination of conditions under
subsection (c) of this section;
(3) temporarily detained to permit revocation of conditional release,
deportation, or exclusion under subsection (d) of this section; or
(4) detained under subsection (e) of this section.
(b) Release on Personal Recognizance or Unsecured Appearance Bond.
-- The judicial officer shall order the pretrial release of the person
on personal recognizance, or upon execution of an unsecured appearance
bond in an amount specified by the court, subject to the condition that
the person not commit a Federal, State, or local crime during the period
of release, unless the judicial officer determines that such release
will not reasonably assure the appearance of the person as required or
will endanger the safety of any other person or the community.
(c) Release on Conditions. -- (1) If the judicial officer determines
that the release described in subsection (b) of this section will not
reasonably assure the appearance of the person as required or will
endanger the safety of any other person or the community, such judicial
officer shall order the pretrial release of the person --
(A) subject to the condition that the person not commit a Federal,
State, or local crime during the period of release; and
(B) subject to the least restrictive further condition, or
combination of conditions, that such judicial officer determines will
reasonably assure the appearance of the person as required and the
safety of any other person and the community, which may include the
condition that the person --
(i) remain in the custody of a designated person, who agrees to
assume supervision and to report any violation of a release condition to
the court, if the designated person is able reasonably to assure the
judicial officer that the person will appear as required and will not
pose a danger to the safety of any other person or the community;
(ii) maintain employment, or, if unemployed, actively seek
employment;
(iii) maintain or commence an educational program;
(iv) abide by specified restrictions on personal associations, place
of abode, or travel;
(v) avoid all contact with an alleged victim of the crime and with a
potential witness who may testify concerning the offense;
(vi) report on a regular basis to a designated law enforcement
agency, pretrial services agency, or other agency;
(vii) comply with a specified curfew;
(viii) refrain from possessing a firearm, destructive device, or
other dangerous weapon;
(ix) refrain from excessive use of alcohol, or any use of a narcotic
drug or other controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802), without a prescription by a
licensed medical practitioner;
(x) undergo available medical, psychological, or psychiatric
treatment, including treatment for drug or alcohol dependency, and
remain in a specified institution if required for that purpose;
(xi) execute an agreement to forfeit upon failing to appear as
required, property of a sufficient unencumbered value, including money,
as is reasonably necessary to assure the appearance of the person as
required, and shall provide the court with proof of ownership and the
value of the property along with information regarding existing
encumbrances as the judicial office may require;
(xii) execute a bail bond with solvent sureties; who will execute an
agreement to forfeit in such amount as is reasonably necessary to assure
appearance of the person as required and shall provide the court with
information regarding the value of the assets and liabilities of the
surety if other than an approved surety and the nature and extent of
encumbrances against the surety's property; such surety shall have a
net worth which shall have sufficient unencumbered value to pay the
amount of the bail bond;
(xiii) return to custody for specified hours following release for
employment, schooling, or other limited purposes; and
(xiv) satisfy any other condition that is reasonably necessary to
assure the appearance of the person as required and to assure the safety
of any other person and the community.
(2) The judicial officer may not impose a financial condition that
results in the pretrial detention of the person.
(3) The judicial officer may at any time amend the order to impose
additional or different conditions of release.
(d) Temporary Detention To Permit Revocation of Conditional Release,
Deportation, or Exclusion. -- If the judicial officer determines that --
(1) such person --
(A) is, and was at the time the offense was committed, on --
(i) release pending trial for a felony under Federal, State, or local
law;
(ii) release pending imposition or execution of sentence, appeal of
sentence or conviction, or completion of sentence, for any offense under
Federal, State, or local law; or
(iii) probation or parole for any offense under Federal, State, or
local law; or
(B) is not a citizen of the United States or lawfully admitted for
permanent residence, as defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(20)); and
(2) such person may flee or pose a danger to any other person or the
community;
such judicial officer shall order the detention of such person, for a
period of not more than ten days, excluding Saturdays, Sundays, and
holidays, and direct the attorney for the Government to notify the
appropriate court, probation or parole official, or State or local law
enforcement official, or the appropriate official of the Immigration and
Naturalization Service. If the official fails or declines to take such
person into custody during that period, such person shall be treated in
accordance with the other provisions of this section, notwithstanding
the applicability of other provisions of law governing release pending
trial or deportation or exclusion proceedings. If temporary detention
is sought under paragraph (1)(B) of this subsection, such person has the
burden of proving to the court such person's United States citizenship
or lawful admission for permanent residence.
(e) Detention. -- If, after a hearing pursuant to the provisions of
subsection (f) of this section, the judicial officer finds that no
condition or combination of conditions will reasonably assure the
appearance of the person as required and the safety of any other person
and the community, such judicial officer shall order the detention of
the person before trial. In a case described in subsection (f)(1) of
this section, a rebuttable presumption arises that no condition or
combination of conditions will reasonably assure the safety of any other
person and the community if such judicial officer finds that --
(1) the person has been convicted of a Federal offense that is
described in subsection (f)(1) of this section, or of a State or local
offense that would have been an offense described in subsection (f)(1)
of this section if a circumstance giving rise to Federal jurisdiction
had existed;
(2) the offense described in paragraph (1) of this subsection was
committed while the person was on release pending trial for a Federal,
State, or local offense; and
(3) a period of not more than five years has elapsed since the date
of conviction, or the release of the person from imprisonment, for the
offense described in paragraph (1) of this subsection, whichever is
later.
Subject to rebuttal by the person, it shall be presumed that no
condition or combination of conditions will reasonably assure the
appearance of the person as required and the safety of the community if
the judicial officer finds that there is probable cause to believe that
the person committed an offense for which a maximum term of imprisonment
of ten years or more is prescribed in the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1901 et seq.), or an offense under section 924(c) of title 18 of
the United States Code.
(f) Detention Hearing. -- The judicial officer shall hold a hearing
to determine whether any condition or combination of conditions set
forth in subsection (c) of this section will reasonably assure the
appearance of such person as required and the safety of any other person
and the community --
(1) upon motion of the attorney for the Government, in a case that
involves --
(A) a crime of violence;
(B) an offense for which the maximum sentence is life imprisonment or
death;
(C) an offense for which a maximum term of imprisonment of ten years
or more is prescribed in the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et
seq.); or
(D) any felony if such person has been convicted of two or more
offenses described in subparagraphs (A) through (C) of this paragraph,
or two or more State or local offenses that would have been offenses
described in subparagraphs (A) through (C) of this paragraph if a
circumstance giving rise to Federal jurisdiction had existed, or a
combination of such offenses; or
(2) upon motion of the attorney for the Government or upon the
judicial officer's own motion in a case, that involves --
(A) a serious risk that such person will flee; or
(B) a serious risk that such person will obstruct or attempt to
obstruct justice, or threaten, injure, or intimidate, or attempt to
threaten, injure, or intimidate, a prospective witness or juror.
The hearing shall be held immediately upon the person's first
appearance before the judicial officer unless that person, or the
attorney for the Government, seeks a continuance. Except for good
cause, a continuance on motion of such person may not exceed five days,
and a continuance on motion of the attorney for the Government may not
exceed three days. During a continuance, such person shall be detained,
and the judicial officer, on motion of the attorney for the Government
or sua sponte, may order that, while in custody, a person who appears to
be a narcotics addict receive a medical examination to determine whether
such person is an addict. At the hearing, such person has the right to
be represented by counsel, and, if financially unable to obtain adequate
representation, to have counsel appointed. The person shall be afforded
an opportunity to testify, to present witnesses, to cross-examine
witnesses who appear at the hearing, and to present information by
proffer or otherwise. The rules concerning admissibility of evidence in
criminal trials do not apply to the presentation and consideration of
information at the hearing. The facts the judicial officer uses to
support a finding pursuant to subsection (e) that no condition or
combination of conditions will reasonably assure the safety of any other
person and the community shall be supported by clear and convincing
evidence. The person may be detained pending completion of the hearing.
The hearing may be reopened, before or after a determination by the
judicial officer, at any time before trial if the judicial officer finds
that information exists that was not known to the movant at the time of
the hearing and that has a material bearing on the issue whether there
are conditions of release that will reasonably assure the appearance of
such person as required and the safety of any other person and the
community.
(g) Factors To Be Considered. -- The judicial officer shall, in
determining whether there are conditions of release that will reasonably
assure the appearance of the person as required and the safety of any
other person and the community, take into account the available
information concerning --
(1) the nature and circumstances of the offense charged, including
whether the offense is a crime of violence or involves a narcotic drug;
(2) the weight of the evidence against the person;
(3) the history and characteristics of the person, including --
(A) the person's character, physical and mental condition, family
ties, employment, financial resources, length of residence in the
community, community ties, past conduct, history relating to drug or
alcohol abuse, criminal history, and record concerning appearance at
court proceedings; and
(B) whether, at the time of the current offense or arrest, the person
was on probation, on parole, or on other release pending trial,
sentencing, appeal, or completion of sentence for an offense under
Federal, State, or local law; and
(4) the nature and seriousness of the danger to any person or the
community that would be posed by the person's release. In considering
the conditions of release described in subsection (c)(1)(B)(xi) or
(c)(1)(B)(xii) of this section, the judicial officer may upon his own
motion, or shall upon the motion of the Government, conduct an inquiry
into the source of the property to be designated for potential
forfeiture or offered as collateral to secure a bond, and shall decline
to accept the designation, or the use as collateral, of property that,
because of its source, will not reasonably assure the appearance of the
person as required.
(h) Contents of Release Order. -- In a release order issued under
subsection (b) or (c) of this section, the judicial officer shall --
(1) include a written statement that sets forth all the conditions to
which the release is subject, in a manner sufficiently clear and
specific to serve as a guide for the person's conduct; and
(2) advise the person of --
(A) the penalties for violating a condition of release, including the
penalties for committing an offense while on pretrial release;
(B) the consequences of violating a condition of release, including
the immediate issuance of a warrant for the person's arrest; and
(C) sections 1503 of this title (relating to intimidation of
witnesses, jurors, and officers of the court), 1510 (relating to
obstruction of criminal investigations), 1512 (tampering with a witness,
victim, or an informant), and 1513 (retaliating against a witness,
victim, or an informant).
(i) Contents of Detention Order. -- In a detention order issued under
subsection (e) of this section, the judicial officer shall --
(1) include written findings of fact and a written statement of the
reasons for the detention;
(2) direct that the person be committed to the custody of the
Attorney General for confinement in a corrections facility separate, to
the extent practicable, from persons awaiting or serving sentences or
being held in custody pending appeal;
(3) direct that the person be afforded reasonable opportunity for
private consultation with counsel; and
(4) direct that, on order of a court of the United States or on
request of an attorney for the Government, the person in charge of the
corrections facility in which the person is confined deliver the person
to a United States marshal for the purpose of an appearance in
connection with a court proceeding.
The judicial officer may, by subsequent order, permit the temporary
release of the person, in the custody of a United States marshal or
another appropriate person, to the extent that the judicial officer
determines such release to be necessary for preparation of the person's
defense or for another compelling reason.
(j) Presumption of Innocence. -- Nothing in this section shall be
construed as modifying or limiting the presumption of innocence.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1976; amended Pub. L. 99-646, 55(a), (c), 72, Nov. 10, 1986, 100
Stat. 3607, 3617; Pub. L. 100-690, title VII, 7073, Nov. 18, 1988, 102
Stat. 4405; Pub. L. 101-647, title X, 1001(b), title XXXVI,
3622-3624, Nov. 29, 1990, 104 Stat. 4827, 4965.)
The Controlled Substances Act, referred to in subsecs. (e) and
(f)(1)(C), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
1242, as amended, which is classified principally to subchapter I ( 801
et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
classification of this Act to the Code, see Short Title note set out
under section 801 of Title 21 and Tables.
The Controlled Substances Import and Export Act, referred to in
subsecs. (e) and (f)(1)(C), is title III of Pub. L. 91-513, Oct. 27,
1970, 84 Stat. 1285, as amended, which is classified principally to
subchapter II ( 951 et seq.) of chapter 13 of Title 21. For complete
classification of this Act to the Code, see Short Title note set out
under section 951 of Title 21 and Tables.
The Maritime Drug Law Enforcement Act, referred to in subsecs. (e)
and (f)(1)(C), is Pub. L. 96-350, Sept. 15, 1980, 94 Stat. 1159, as
amended, which is classified generally to chapter 38 ( 1901 et seq.) of
Title 46, Appendix, Shipping. For complete classification of this Act
to the Code, see section 1901 of Title 46, Appendix, and Tables.
A prior section 3142, acts June 25, 1948, ch. 645, 62 Stat. 821;
June 22, 1966, Pub. L. 89-465, 5(c), 80 Stat. 217, which set forth
provisions relating to surrender by bail, was repealed in the revision
of this chapter by section 203(a) of Pub. L. 98-473.
1990 -- Subsec. (c)(1)(B)(xi). Pub. L. 101-647, 3622, amended cl.
(xi) generally. Prior to amendment, cl. (xi) read as follows:
''execute an agreement to forfeit upon failing to appear as required,
such designated property, including money, as is reasonably necessary to
assure the appearance of the person as required, and post with the court
such indicia of ownership of the property or such percentage of the
money as the judicial officer may specify;''.
Subsec. (c)(1)(B)(xii). Pub. L. 101-647, 3623, amended cl. (xii)
generally. Prior to amendment, cl. (xii) read as follows: ''execute a
bail bond with solvent sureties in such amount as is reasonably
necessary to assure the appearance of the person as required;''.
Subsecs. (e), (f)(1)(C). Pub. L. 101-647, 1001(b), substituted
''the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)''
for ''section 1 of the Act of September 15, 1980 (21 U.S.C. 955a)''.
Subsec. (g)(4). Pub. L. 101-647, 3624, substituted ''subsection
(c)(1)(B)(xi) or (c)(1)(B)(xii)'' for ''subsection (c)(2)(K) or
(c)(2)(L)''.
1988 -- Subsec. (c)(3). Pub. L. 100-690 substituted ''the order''
for ''order''.
1986 -- Subsec. (a). Pub. L. 99-646, 55(a), (c)(1), in par. (1)
struck out ''his'' after ''released on'' and substituted ''under
subsection (b) of this section'' for ''pursuant to the provisions of
subsection (b)'', in par. (2) substituted ''under subsection (c) of
this section'' for ''pursuant to the provisions of subsection (c)'', in
par. (3) substituted ''under subsection (d) of this section'' for
''pursuant to provisions of subsection (d)'', and in par. (4)
substituted ''under subsection (e) of this section'' for ''pursuant to
provisions of subsection (e)''.
Subsec. (b). Pub. L. 99-646, 55(c)(2), struck out ''his'' after
''person on'' and ''period of''.
Subsec. (c). Pub. L. 99-646, 55(c)(3), designated existing provision
as par. (1) and redesignated former pars. (1) and (2) as subpars. (A)
and (B), in provision preceding subpar. (A) substituted ''subsection
(b) of this section'' for ''subsection (b)'' and ''such judicial
officer'' for ''he'', in subpar. (B) redesignated subpars. (A) to (N)
as cls. (i) to (xiv), in provision preceding cl. (i) substituted
''such judicial officer'' for ''he'', in cl. (i) substituted ''assume
supervision'' for ''supervise him'', in cl. (iv) substituted ''on
personal'' for ''on his personal'', in cl. (x) substituted ''medical,
psychological,'' for ''medical'', designated provision relating to the
judicial officer not imposing a financial condition that results in the
pretrial detention of a person as par. (2), and designated provision
permitting the judicial officer to impose at any time additional or
different conditions of release as par. (3), and in par. (3) struck
out ''his'' after ''amend''.
Subsec. (d). Pub. L. 99-646, 55(c)(4), in pars. (1) and (2)
substituted ''such person'' for ''the person'' and in concluding
provisions substituted ''such person'' for ''the person'' in four
places, ''such judicial officer'' for ''he'', ''paragraph (1)(B) of this
subsection'' for ''paragraph (1)(B)'', and ''such person's United States
citizenship or lawful admission'' for ''that he is a citizen of the
United States or is lawfully admitted''.
Subsec. (e). Pub. L. 99-646, 55(c)(5), in introductory provisions
inserted ''of this section'' after ''subsection (f)'' and substituted
''such judicial officer'' for ''he'', ''before'' for ''prior to'',
''described in subsection (f)(1) of this section'' for ''described in
(f)(1)'', and ''if such judicial officer'' for ''if the judge'', in par.
(1) inserted ''of this section'' after ''subsection (f)(1)'' in two
places, and in pars. (2) and (3) inserted ''of this section'' after
''paragraph (1)''.
Subsec. (f). Pub. L. 99-646, 72, in par. (1)(D) substituted ''any
felony if the person has been convicted of two or more offenses'' for
''any felony committed after the person had been convicted of two or
more prior offenses'' and inserted '', or a combination of such
offenses'', in par. (2)(A) inserted ''or'' after ''flee;'', and in
concluding provisions, inserted provision permitting the hearing to be
reopened at any time before trial if the judicial officer finds that
information exists that was unknown to the movant at the time of the
hearing and that has a material bearing on whether there are conditions
of release that will reasonably assure the appearance of the person as
required and the safety of any other person and the community.
Pub. L. 99-646, 55(c)(6), substituted ''such person'' for ''the
person'' wherever appearing, in introductory provision inserted ''of
this section'' after ''subsection (c)'' and struck out ''in a case''
after ''community'', in par. (1) inserted ''in a case'' and in subpar.
(D) of par. (1) inserted ''of this paragraph'' in two places, in par.
(2) substituted ''upon'' for ''Upon'' and inserted ''in a case'', and in
concluding provisions, substituted ''sua sponte'' for ''on his own
motion'', ''whether such person is an addict'' for ''whether he is an
addict'', and ''financially'' for ''he is financially'', and struck out
''for him'' after ''appointed'' and ''on his own behalf'' after
''witnesses''.
Subsec. (g). Pub. L. 99-646, 55(c)(7), in par. (3)(A) substituted
''the person's'' for ''his'', in par. (3)(B) substituted ''the person''
for ''he'', and in par. (4) inserted ''of this section''.
Subsec. (h). Pub. L. 99-646, 55(a), (c)(8), in introductory
provision substituted ''under'' for ''pursuant to the provisions of''
and inserted ''of this section'' and in par. (2)(C) struck out ''the
provisions of'' before ''sections 1503''.
Subsec. (i). Pub. L. 99-646, 55(a), (c)(9), in introductory
provision substituted ''under'' for ''pursuant to the provisions of''
and inserted ''of this section'' and in par. (3) struck out ''his''
after ''consultation with''.
Amendment by sections 3622 to 3624 of Pub. L. 101-647 effective 180
days after Nov. 29, 1990, see section 3631 of Pub. L. 101-647, set out
as an Effective Date note under section 3001 of Title 28, Judiciary and
Judicial Procedure.
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986,
see section 55(j) of Pub. L. 99-646, set out as a note under section
3141 of this title.
section 636.
18 USC 3143. Release or detention of a defendant pending sentence or
appeal
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Release or Detention Pending Sentence. -- (1) Except as provided
in paragraph (2), the judicial officer shall order that a person who has
been found guilty of an offense and who is awaiting imposition or
execution of sentence, other than a person for whom the applicable
guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a
term of imprisonment, be detained, unless the judicial officer finds by
clear and convincing evidence that the person is not likely to flee or
pose a danger to the safety of any other person or the community if
released under section 3142(b) or (c). If the judicial officer makes
such a finding, such judicial officer shall order the release of the
person in accordance with section 3142(b) or (c).
(2) The judicial officer shall order that a person who has been found
guilty of an offense in a case described in subparagraph (A), (B), or
(C) of subsection (f)(1) of section 3142 and is awaiting imposition or
execution of sentence be detained unless --
(A)(i) the judicial officer finds there is a substantial likelihood
that a motion for acquittal or new trial will be granted; or
(ii) an attorney for the Government has recommended that no sentence
of imprisonment be imposed on the person; and
(B) the judicial officer finds by clear and convincing evidence that
the person is not likely to flee or pose a danger to any other person or
the community.
(b) Release or Detention Pending Appeal by the Defendant. -- (1)
Except as provided in paragraph (2), the judicial officer shall order
that a person who has been found guilty of an offense and sentenced to a
term of imprisonment, and who has filed an appeal or a petition for a
writ of certiorari, be detained, unless the judicial officer finds --
(A) by clear and convincing evidence that the person is not likely to
flee or pose a danger to the safety of any other person or the community
if released under section 3142(b) or (c) of this title; and
(B) that the appeal is not for the purpose of delay and raises a
substantial question of law or fact likely to result in --
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total
of the time already served plus the expected duration of the appeal
process.
If the judicial officer makes such findings, such judicial officer
shall order the release of the person in accordance with section 3142(b)
or (c) of this title, except that in the circumstance described in
subparagraph (B)(iv) of this paragraph, the judicial officer shall order
the detention terminated at the expiration of the likely reduced
sentence.
(2) The judicial officer shall order that a person who has been found
guilty of an offense in a case described in subparagraph (A), (B), or
(C) of subsection (f)(1) of section 3142 and sentenced to a term of
imprisonment, and who has filed an appeal or a petition for a writ of
certiorari, be detained.
(c) Release or Detention Pending Appeal by the Government. -- The
judicial officer shall treat a defendant in a case in which an appeal
has been taken by the United States under section 3731 of this title, in
accordance with section 3142 of this title, unless the defendant is
otherwise subject to a release or detention order. Except as provided
in subsection (b) of this section, the judicial officer, in a case in
which an appeal has been taken by the United States under section 3742,
shall --
(1) if the person has been sentenced to a term of imprisonment, order
that person detained; and
(2) in any other circumstance, release or detain the person under
section 3142.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1981; amended Pub. L. 98-473, title II, 223(f), Oct. 12, 1984, 98
Stat. 2028; Pub. L. 99-646, 51(a), (b), 55(a), (d), Nov. 10, 1986,
100 Stat. 3605-3607, 3609; Pub. L. 100-690, title VII, 7091, Nov. 18,
1988, 102 Stat. 4410; Pub. L. 101-647, title IX, 902(a), (b), title X,
1001(a), Nov. 29, 1990, 104 Stat. 4826, 4827; Pub. L. 102-572, title
VII, 703, Oct. 29, 1992, 106 Stat. 4515.)
A prior section 3143, acts June 25, 1948, ch. 645, 62 Stat. 821;
June 22, 1966, Pub. L. 89-465, 5(d), 80 Stat. 217, which related to
additional bail, was repealed in the revision of this chapter by section
203(a) of Pub. L. 98-473.
1992 -- Subsec. (b)(1). Pub. L. 102-572 substituted ''subparagraph
(B)(iv) of this paragraph'' for ''paragraph (b)(2)(D)''.
1990 -- Subsec. (a). Pub. L. 101-647, 902(a), designated existing
provisions as par. (1), substituted ''Except as provided in paragraph
(2), the judicial officer'' for ''The judicial officer'', and added par.
(2).
Subsec. (a)(1). Pub. L. 101-647, 1001(a), substituted ''awaiting''
for ''waiting''.
Subsec. (b). Pub. L. 101-647, 902(b), designated existing provisions
as par. (1), substituted ''Except as provided in paragraph (2), the
judicial officer'' for ''The judicial officer'', redesignated former
pars. (1) and (2) as subpars. (A) and (B), redesignated former
subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar.
(B), and added par. (2).
1988 -- Subsec. (b). Pub. L. 100-690, 7091(2), inserted '', except
that in the circumstance described in paragraph (b)(2)(D), the judicial
officer shall order the detention terminated at the expiration of the
likely reduced sentence'' before period at end.
Subsec. (b)(2). Pub. L. 100-690, 7091(1), added par. (2) and struck
out former par. (2) which read as follows: ''that the appeal is not
for purpose of delay and raises a substantial question of law or fact
likely to result in reversal, an order for a new trial, or a sentence
that does not include a term of imprisonment.''
1986 -- Subsec. (a). Pub. L. 99-646, 55(d)(1), (2), (4),
substituted ''under'' for ''pursuant to'' and ''such judicial officer''
for ''he'' and struck out ''the provisions of'' after ''in accordance
with''.
Subsec. (b). Pub. L. 99-646, 55(d)(1)-(4), in par. (1) substituted
''under'' for ''pursuant to'' and inserted ''of this title'' after
''(c)'', and in concluding provision, substituted ''such judicial
officer'' for ''he'', struck out ''the provisions of'' after ''in
accordance with'', and inserted ''of this title'' after ''(c)''.
Subsec. (b)(2). Pub. L. 99-646, 51(a)(1), substituted ''reversal,''
for ''reversal or'' and inserted '', or a sentence that does not include
a term of imprisonment''.
Subsec. (c). Pub. L. 99-646, 51(a)(2), inserted provision that,
except as provided in subsec. (b), the judicial officer, in a case in
which an appeal has been taken by the United States under section 3742,
if the person has been sentenced to a term of imprisonment, order that
person detained, and in any other circumstance, release or detain the
person under section 3142.
Pub. L. 99-646, 55(a), (d)(2), (5), substituted ''under section
3731'' for ''pursuant to the provisions of section 3731'' and ''with
section 3142 of this title'' for ''with the provisions of section
3142''.
Pub. L. 99-646, 51(b), provided that the amendment of subsec. (c)
by section 223(f)(2) of Pub. L. 98-473 shall not take effect. See 1984
Amendment note below.
1984 -- Subsec. (a). Pub. L. 98-473, 223(f)(1), inserted provisions
relating to applicable guideline under section 994 of title 28.
Subsec. (c). Pub. L. 98-473, 223(f)(2), which would have added a
final sentence requiring a judge to treat a defendant in a case in which
an appeal had been taken by the United States pursuant to the provisions
of section 3742 in accordance with the provisions of (1) subsection (a)
if the person had been sentenced to a term of imprisonment; or (2)
section 3142 if the person had not been sentenced to a term of
imprisonment did not become effective pursuant to section 51(b) of Pub.
L. 99-646. See 1986 Amendment note above.
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101 of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
Section 51(c) of Pub. L. 99-646 provided that: ''The amendment made
by subsection (a)(2) (amending this section) shall take effect on the
date of the taking of effect of section 3742 of title 18, United States
Code (Nov. 1, 1987).''
Amendment by section 55(a), (d) of Pub. L. 99-646 effective 30 days
after Nov. 10, 1986, see section 55(j) of Pub. L. 99-646, set out as a
note under section 3141 of this title.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
18 USC 3144. Release or detention of a material witness
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
If it appears from an affidavit filed by a party that the testimony
of a person is material in a criminal proceeding, and if it is shown
that it may become impracticable to secure the presence of the person by
subpoena, a judicial officer may order the arrest of the person and
treat the person in accordance with the provisions of section 3142 of
this title. No material witness may be detained because of inability to
comply with any condition of release if the testimony of such witness
can adequately be secured by deposition, and if further detention is not
necessary to prevent a failure of justice. Release of a material
witness may be delayed for a reasonable period of time until the
deposition of the witness can be taken pursuant to the Federal Rules of
Criminal Procedure.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1982; amended Pub. L. 99-646, 55(e), Nov. 10, 1986, 100 Stat. 3609.)
The Federal Rules of Criminal Procedure, referred to in text, are set
out in the Appendix to this title.
A prior section 3144, act June 25, 1948, ch. 645, 62 Stat. 821,
which related to cases removed from State courts, was repealed in the
revision of this chapter by section 203(a) of Pub. L. 98-473.
1986 -- Pub. L. 99-646 substituted ''subpoena'' for ''subpena'' and
inserted ''of this title''.
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986,
see section 55(j) of Pub. L. 99-646, set out as a note under section
3141 of this title.
title 28 section 1821.
18 USC 3145. Review and appeal of a release or detention order
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Review of a Release Order. -- If a person is ordered released by
a magistrate, or by a person other than a judge of a court having
original jurisdiction over the offense and other than a Federal
appellate court --
(1) the attorney for the Government may file, with the court having
original jurisdiction over the offense, a motion for revocation of the
order or amendment of the conditions of release; and
(2) the person may file, with the court having original jurisdiction
over the offense, a motion for amendment of the conditions of release.
The motion shall be determined promptly.
(b) Review of a Detention Order. -- If a person is ordered detained
by a magistrate, or by a person other than a judge of a court having
original jurisdiction over the offense and other than a Federal
appellate court, the person may file, with the court having original
jurisdiction over the offense, a motion for revocation or amendment of
the order. The motion shall be determined promptly.
(c) Appeal From a Release or Detention Order. -- An appeal from a
release or detention order, or from a decision denying revocation or
amendment of such an order, is governed by the provisions of section
1291 of title 28 and section 3731 of this title. The appeal shall be
determined promptly. A person subject to detention pursuant to section
3143(a)(2) or (b)(2), and who meets the conditions of release set forth
in section 3143(a)(1) or (b)(1), may be ordered released, under
appropriate conditions, by the judicial officer, if it is clearly shown
that there are exceptional reasons why such person's detention would not
be appropriate.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1982; amended Pub. L. 101-647, title IX, 902(c), Nov. 29, 1990, 104
Stat. 4827.)
A prior section 3145, act June 25, 1948, ch. 645, 62 Stat. 821,
which provided cross references to the Federal Rules of Criminal
Procedure for rules covering parties and witnesses, was repealed in the
revision of this chapter by section 203(a) of Pub. L. 98-473.
1990 -- Subsec. (c). Pub. L. 101-647 inserted at end ''A person
subject to detention pursuant to section 3143(a)(2) or (b)(2), and who
meets the conditions of release set forth in section 3143(a)(1) or
(b)(1), may be ordered released, under appropriate conditions, by the
judicial officer, if it is clearly shown that there are exceptional
reasons why such person's detention would not be appropriate.''
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
18 USC 3146. Penalty for failure to appear
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Offense. -- Whoever, having been released under this chapter
knowingly --
(1) fails to appear before a court as required by the conditions of
release; or
(2) fails to surrender for service of sentence pursuant to a court
order;
shall be punished as provided in subsection (b) of this section.
(b) Punishment. -- (1) The punishment for an offense under this
section is --
(A) if the person was released in connection with a charge of, or
while awaiting sentence, surrender for service of sentence, or appeal or
certiorari after conviction for --
(i) an offense punishable by death, life imprisonment, or
imprisonment for a term of 15 years or more, a fine under this title or
imprisonment for not more than ten years, or both;
(ii) an offense punishable by imprisonment for a term of five years
or more, a fine under this title or imprisonment for not more than five
years, or both;
(iii) any other felony, a fine under this title or imprisonment for
not more than two years, or both; or
(iv) a misdemeanor, a fine under this chapter or imprisonment for not
more than one year, or both; and
(B) if the person was released for appearance as a material witness,
a fine under this chapter or imprisonment for not more than one year, or
both.
(2) A term of imprisonment imposed under this section shall be
consecutive to the sentence of imprisonment for any other offense.
(c) Affirmative Defense. -- It is an affirmative defense to a
prosecution under this section that uncontrollable circumstances
prevented the person from appearing or surrendering, and that the person
did not contribute to the creation of such circumstances in reckless
disregard of the requirement to appear or surrender, and that the person
appeared or surrendered as soon as such circumstances ceased to exist.
(d) Declaration of Forfeiture. -- If a person fails to appear before
a court as required, and the person executed an appearance bond pursuant
to section 3142(b) of this title or is subject to the release condition
set forth in clause (xi) or (xii) of section 3142(c)(1)(B) of this
title, the judicial officer may, regardless of whether the person has
been charged with an offense under this section, declare any property
designated pursuant to that section to be forfeited to the United
States.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1982; amended Pub. L. 99-646, 55(f), Nov. 10, 1986, 100 Stat. 3609.)
A prior section 3146, added Pub. L. 89-465, 3(a), June 22, 1966, 80
Stat. 214, and amended Pub. L. 97-291, 8, Oct. 12, 1982, 96 Stat.
1257, which related to release in noncapital cases prior to trial, was
repealed in the revision of this chapter by section 203(a) of Pub. L.
98-473.
Another prior section 3146, act Aug. 20, 1954, ch. 772, 1, 68
Stat. 747, which prescribed penalties for jumping bail, was repealed by
Pub. L. 89-465, 3(a), June 22, 1966, 80 Stat. 214, and covered by
former sections 3150 and 3151 of this title.
1986 -- Subsec. (a). Pub. L. 99-646, 55(f)(1), added subsec. (a)
and struck out former subsec. (a) which read as follows: ''A person
commits an offense if, after having been released pursuant to this
chapter --
''(1) he knowingly fails to appear before a court as required by the
conditions of his release; or
''(2) he knowingly fails to surrender for service of sentence
pursuant to a court order.''
Subsec. (b). Pub. L. 99-646, 55(f)(1), added subsec. (b) and struck
out former subsec. (b) which was captioned ''Grading'', and which read
as follows: ''If the person was released --
''(1) in connection with a charge of, or while awaiting sentence,
surrender for service of sentence, or appeal or certiorari after
conviction, for --
''(A) an offense punishable by death, life imprisonment, or
imprisonment for a term of fifteen years or more, he shall be fined not
more than $25,000 or imprisoned for not more than ten years, or both;
''(B) an offense punishable by imprisonment for a term of five or
more years, but less than fifteen years, he shall be fined not more than
$10,000 or imprisoned for not more than five years, or both;
''(C) any other felony, he shall be fined not more than $5,000 or
imprisoned for not more than two years, or both; or
''(D) a misdemeanor, he shall be fined not more than $2,000 or
imprisoned for not more than one year, or both; or
''(2) for appearance as a material witness, he shall be fined not
more than $1,000 or imprisoned for not more than one year, or both.
A term of imprisonment imposed pursuant to this section shall be
consecutive to the sentence of imprisonment for any other offense.''
Subsec. (c). Pub. L. 99-646, 55(f)(2), substituted ''requirement to
appear'' for ''requirement that he appear'' and ''the person appeared''
for ''he appeared''.
Subsec. (d). Pub. L. 99-646, 55(f)(3), inserted ''of this title''
after ''3142(b)'' and substituted ''clause (xi) or (xii) of section
3142(c)(1)(B) of this title'' for ''section 3142(c)(2)(K) or
(c)(2)(L)''.
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986,
see section 55(j) of Pub. L. 99-646, set out as a note under section
3141 of this title.
10601.
18 USC 3147. Penalty for an offense committed while on release
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A person convicted of an offense committed while released under this
chapter shall be sentenced, in addition to the sentence prescribed for
the offense, to --
(1) a term of imprisonment of not more than ten years if the offense
is a felony; or
(2) a term of imprisonment of not more than one year if the offense
is a misdemeanor.
A term of imprisonment imposed under this section shall be
consecutive to any other sentence of imprisonment.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1983; amended Pub. L. 98-473, title II, 223(g), Oct. 12, 1984, 98
Stat. 2028; Pub. L. 99-646, 55(g), Nov. 10, 1986, 100 Stat. 3610.)
A prior section 3147, added Pub. L. 89-465, 3(a), June 22, 1966, 80
Stat. 215, which related to appeals from conditions of release, was
repealed in the revision of this chapter by section 203(a) of Pub. L.
98-473.
1986 -- Pub. L. 99-646 substituted ''under'' for ''pursuant to'' in
two places and ''for the offense,'' for ''for the offense''.
1984 -- Pub. L. 98-473, 223(g), struck out ''not less than two
years and'' after ''imprisonment of'' in par. (1), and ''not less than
ninety days and'' after ''imprisonment of'' in par. (2).
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986,
see section 55(j) of Pub. L. 99-646, set out as a note under section
3141 of this title.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
18 USC 3148. Sanctions for violation of a release condition
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Available Sanctions. -- A person who has been released under
section 3142 of this title, and who has violated a condition of his
release, is subject to a revocation of release, an order of detention,
and a prosecution for contempt of court.
(b) Revocation of Release. -- The attorney for the Government may
initiate a proceeding for revocation of an order of release by filing a
motion with the district court. A judicial officer may issue a warrant
for the arrest of a person charged with violating a condition of
release, and the person shall be brought before a judicial officer in
the district in which such person's arrest was ordered for a proceeding
in accordance with this section. To the extent practicable, a person
charged with violating the condition of release that such person not
commit a Federal, State, or local crime during the period of release,
shall be brought before the judicial officer who ordered the release and
whose order is alleged to have been violated. The judicial officer
shall enter an order of revocation and detention if, after a hearing,
the judicial officer --
(1) finds that there is --
(A) probable cause to believe that the person has committed a
Federal, State, or local crime while on release; or
(B) clear and convincing evidence that the person has violated any
other condition of release; and
(2) finds that --
(A) based on the factors set forth in section 3142(g) of this title,
there is no condition or combination of conditions of release that will
assure that the person will not flee or pose a danger to the safety of
any other person or the community; or
(B) the person is unlikely to abide by any condition or combination
of conditions of release.
If there is probable cause to believe that, while on release, the
person committed a Federal, State, or local felony, a rebuttable
presumption arises that no condition or combination of conditions will
assure that the person will not pose a danger to the safety of any other
person or the community. If the judicial officer finds that there are
conditions of release that will assure that the person will not flee or
pose a danger to the safety of any other person or the community, and
that the person will abide by such conditions, the judicial officer
shall treat the person in accordance with the provisions of section 3142
of this title and may amend the conditions of release accordingly.
(c) Prosecution for Contempt. -- The judicial officer may commence a
prosecution for contempt, under section 401 of this title, if the person
has violated a condition of release.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1983; amended Pub. L. 99-646, 55(a), (h), Nov. 10, 1986, 100 Stat.
3607, 3610.)
A prior section 3148, added Pub. L. 89-465, 3(a), June 22, 1966, 80
Stat. 215, and amended Pub. L. 91-452, title X, 1002, Oct. 12, 1970,
84 Stat. 952, which related to release in capital cases or after
conviction, was repealed in the revision of this chapter by section
203(a) of Pub. L. 98-473.
1986 -- Subsec. (a). Pub. L. 99-646, 55(a), (h)(1), substituted
''under section 3142 of this title'' for ''pursuant to the provisions of
section 3142''.
Subsec. (b). Pub. L. 99-646, 55(h)(2), in introductory provision,
substituted ''such person's arrest'' for ''his arrest'', ''condition of
release that such person not commit'' for ''condition of his release
that he not commit'', and ''period of release,'' for ''period of
release'', in par. (1)(B) substituted ''condition of release'' for
''condition of his release'', in par. (2)(A) inserted ''of this title''
after ''section 3142(g)'', and in concluding provision, substituted
''the judicial officer shall'' for ''he shall'' and inserted ''of this
title'' after ''section 3142''.
Subsec. (c). Pub. L. 99-646, 55(a), (h)(3), substituted ''judicial
officer'' for ''judge'', ''under section 401 of this title'' for
''pursuant to the provisions of section 401'', and ''condition of
release'' for ''condition of his release''.
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986,
see section 55(j) of Pub. L. 99-646, set out as a note under section
3141 of this title.
18 USC 3149. Surrender of an offender by a surety
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A person charged with an offense, who is released upon the execution
of an appearance bond with a surety, may be arrested by the surety, and
if so arrested, shall be delivered promptly to a United States marshal
and brought before a judicial officer. The judicial officer shall
determine in accordance with the provisions of section 3148(b) whether
to revoke the release of the person, and may absolve the surety of
responsibility to pay all or part of the bond in accordance with the
provisions of Rule 46 of the Federal Rules of Criminal Procedure. The
person so committed shall be held in official detention until released
pursuant to this chapter or another provision of law.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1984.)
A prior section 3149, added Pub. L. 89-465, 3(a), June 22, 1966, 80
Stat. 216, which related to release of material witnesses, was repealed
in the revision of this chapter by section 203(a) of Pub. L. 98-473.
18 USC 3150. Applicability to a case removed from a State court
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisions of this chapter apply to a criminal case removed to a
Federal court from a State court.
(Added Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat.
1984.)
A prior section 3150, added Pub. L. 89-465, 3(a), June 22, 1966, 80
Stat. 216, which related to penalties for failure to appear, was
repealed in the revision of this chapter by section 203(a) of Pub. L.
98-473.
18 USC ( 3150a. Repealed. Pub. L. 98-473, title II, 203(a), Oct. 12,
1984, 98 Stat. 1976)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, added Pub. L. 97-258, 2(d)(3)(B), Sept. 13, 1982, 96
Stat. 1059; amended Pub. L. 98-473, title II, 1410, Oct. 12, 1984,
98 Stat. 2178, related to refund of forfeited bail. Section 1410 of
Pub. L. 98-473 was subsequently repealed by Pub. L. 99-646, 49, Nov.
10, 1986, 100 Stat. 3605.
18 USC 3151. Refund of forfeited bail
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Appropriations available to refund money erroneously received and
deposited in the Treasury are available to refund any part of forfeited
bail deposited into the Treasury and ordered remitted under the Federal
Rules of Criminal Procedure.
(Added Pub. L. 100-690, title VII, 7084(a), Nov. 18, 1988, 102 Stat.
4408.)
The Federal Rules of Criminal Procedure, referred to in text, are set
out in the Appendix to this title.
A prior section 3151, added Pub. L. 89-465, 3(a), June 22, 1966, 80
Stat. 216, which related to contempt power of courts, was repealed by
Pub. L. 98-473, title II, 203(a), Oct. 12, 1984, 98 Stat. 1976.
18 USC 3152. Establishment of pretrial services
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) On and after the date of the enactment of the Pretrial Services
Act of 1982, the Director of the Administrative Office of the United
States Courts (hereinafter in this chapter referred to as the
''Director'') shall, under the supervision and direction of the Judicial
Conference of the United States, provide directly, or by contract or
otherwise (to such extent and in such amounts as are provided in
appropriation Acts), for the establishment of pretrial services in each
judicial district (other than the District of Columbia). Pretrial
services established under this section shall be supervised by a chief
probation officer appointed under section 3654 of this title or by a
chief pretrial services officer selected under subsection (c) of this
section.
(b) Beginning eighteen months after the date of the enactment of the
Pretrial Services Act of 1982, if an appropriate United States district
court and the circuit judicial council jointly recommend the
establishment under this subsection of pretrial services in a particular
district, pretrial services shall be established under the general
authority of the Administrative Office of the United States Courts.
(c) The pretrial services established under subsection (b) of this
section shall be supervised by a chief pretrial services officer
selected by a panel consisting of the chief judge of the circuit, the
chief judge of the district, and a magistrate of the district or their
designees. The chief pretrial services officer appointed under this
subsection shall be an individual other than one serving under authority
of section 3654 of this title.
(Added Pub. L. 93-619, title II, 201, Jan. 3, 1975, 88 Stat. 2086;
amended Pub. L. 97-267, 2, Sept. 27, 1982, 96 Stat. 1136.)
The date of enactment of the Pretrial Services Act of 1982, referred
to in subsecs. (a) and (b), is the date of enactment of Pub. L.
97-267, which was approved Sept. 27, 1982.
A prior section 3152, as added by Pub. L. 89-465, 3(a), June 22,
1966, 80 Stat. 216, defined the terms ''judicial officer'' and
''offense'', and was repealed by Pub. L. 93-619, title II, 201, Jan.
3, 1975, 88 Stat. 2086. See section 3156 of this title.
1982 -- Pub. L. 97-267 struck out ''agencies'' after ''services'' in
section catchline, divided previously unlettered text provisions into
subsecs. (a), (b), and (c), and substituted revised provisions as so
redesignated for provisions which required the Director of the
Administrative Office of the United States Courts to establish, on a
demonstration basis, in each of ten representative judicial districts
(other than the District of Columbia), a pretrial services agency
authorized to maintain effective supervision and control over, and to
provide supportive services to, defendants released under this chapter
such districts to be designated by the Chief Justice of the United
States after consultation with the Attorney General, on the basis of
such considerations as the number of criminal cases prosecuted annually
in the district, the percentage of defendants in the district presently
detained prior to trial, the incidence of crime charged against persons
released pending trial under this chapter, and the availability of
community resources to implement the conditions of release which may be
imposed under this chapter.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Section 9 of Pub. L. 97-267 provided that:
''(a) There are authorized to be appropriated, for the fiscal year
ending September 30, 1984, and each succeeding fiscal year thereafter,
such sums as may be necessary to carry out the functions and powers of
pretrial services established under section 3152(b) of title 18, United
States Code.
''(b) There are authorized to be appropriated for the fiscal year
ending September 30, 1983, and the fiscal year ending September 30,
1984, such sums as may be necessary to carry out the functions and
powers of the pretrial services agencies established under section 3152
of title 18 of the United States Code in effect before the date of
enactment of this Act (Sept. 27, 1982).''
Section 8 of Pub. L. 97-267 provided that: ''During the period
beginning on the date of enactment of this Act (Sept. 27, 1982) and
ending eighteen months after the date of the enactment of this Act, the
pretrial services agencies established under section 3152 of title 18 of
the United States Code in effect before the date of enactment of this
Act may continue to operate, employ staff, provide pretrial services,
and perform such functions and powers as are authorized under chapter
207 of title 18 of the United States Code (this chapter).''
18 USC 3153. Organization and administration of pretrial services
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) With the approval of the district court, the chief pretrial
services officer in districts in which pretrial services are established
under section 3152(b) of this title shall appoint such other personnel
as may be required. The position requirements and rate of compensation
of the chief pretrial services officer and such other personnel shall be
established by the Director with the approval of the Judicial Conference
of the United States, except that no such rate of compensation shall
exceed the rate of basic pay in effect and then payable for grade GS-16
of the General Schedule under section 5332 of title 5, United States
Code.
(2) The chief pretrial services officer in districts in which
pretrial services are established under section 3152(b) of this title is
authorized, subject to the general policy established by the Director
and the approval of the district court, to procure temporary and
intermittent services to the extent authorized by section 3109 of title
5, United States Code. The staff, other than clerical staff, may be
drawn from law school students, graduate students, or such other
available personnel.
(b) The chief probation officer in all districts in which pretrial
services are established under section 3152(a) of this title shall
designate personnel appointed under chapter 231 of this title to perform
pretrial services under this chapter.
(c)(1) Except as provided in paragraph (2) of this subsection,
information obtained in the course of performing pretrial services
functions in relation to a particular accused shall be used only for the
purposes of a bail determination and shall otherwise be confidential.
Each pretrial services report shall be made available to the attorney
for the accused and the attorney for the Government.
(2) The Director shall issue regulations establishing the policy for
release of information made confidential by paragraph (1) of this
subsection. Such regulations shall provide exceptions to the
confidentiality requirements under paragraph (1) of this subsection to
allow access to such information --
(A) by qualified persons for purposes of research related to the
administration of criminal justice;
(B) by persons under contract under section 3154(4) of this title;
(C) by probation officers for the purpose of compiling presentence
reports;
(D) insofar as such information is a pretrial diversion report, to
the attorney for the accused and the attorney for the Government; and
(E) in certain limited cases, to law enforcement agencies for law
enforcement purposes.
(3) Information made confidential under paragraph (1) of this
subsection is not admissible on the issue of guilt in a criminal
judicial proceeding unless such proceeding is a prosecution for a crime
committed in the course of obtaining pretrial release or a prosecution
for failure to appear for the criminal judicial proceeding with respect
to which pretrial services were provided.
(Added Pub. L. 93-619, title II, 201, Jan. 3, 1975, 88 Stat. 2086;
amended Pub. L. 97-287, 3, Sept. 27, 1982, 96 Stat. 1136.)
1982 -- Pub. L. 97-267 substantially revised section by substituting
provisions relating to the organization and administration of pretrial
services for provisions relating to organization and administration of
pretrial services agencies which vested the powers of five such agencies
in the Division of Probation of the Administrative Office of the United
States Courts and the powers of the remaining five agencies in Boards of
Trustees, set forth requirements for membership and terms of office with
respect to such Boards, and provided for appointment of Federal
probation officers in agencies governed by the Division of Probation,
and chief pretrial service officers in agencies governed by Boards of
Trustees, which designated officers would be responsible for the
direction and supervision of their respective agencies.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
18 USC 3154. Functions and powers relating to pretrial services
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Pretrial services functions shall include the following:
(1) Collect, verify, and report to the judicial officer, prior to the
pretrial release hearing, information pertaining to the pretrial release
of each individual charged with an offense, including information
relating to any danger that the release of such person may pose to any
other person or the community, and, where appropriate, include a
recommendation as to whether such individual should be released or
detained and, if release is recommended, recommend appropriate
conditions of release; except that a district court may direct that
information not be collected, verified, or reported under this paragraph
on individuals charged with Class A misdemeanors as defined in section
3559(a)(6) of this title.
(2) Review and modify the reports and recommendations specified in
paragraph (1) of this section for persons seeking release pursuant to
section 3145 of this chapter.
(3) Supervise persons released into its custody under this chapter.
(4) Operate or contract for the operation of appropriate facilities
for the custody or care of persons released under this chapter including
residential halfway houses, addict and alcoholic treatment centers, and
counseling services.
(5) Inform the court and the United States attorney of all apparent
violations of pretrial release conditions, arrests of persons released
to the custody of providers of pretrial services or under the
supervision of providers of pretrial services, and any danger that any
such person may come to pose to any other person or the community, and
recommend appropriate modifications of release conditions.
(6) Serve as coordinator for other local agencies which serve or are
eligible to serve as custodians under this chapter and advise the court
as to the eligibility, availability, and capacity of such agencies.
(7) Assist persons released under this chapter in securing any
necessary employment, medical, legal, or social services.
(8) Prepare, in cooperation with the United States marshal and the
United States attorney such pretrial detention reports as are required
by the provisions of the Federal Rules of Criminal Procedure relating to
the supervision of detention pending trial.
(9) Develop and implement a system to monitor and evaluate bail
activities, provide information to judicial officers on the results of
bail decisions, and prepare periodic reports to assist in the
improvement of the bail process.
(10) To the extent provided for in an agreement between a chief
pretrial services officer in districts in which pretrial services are
established under section 3152(b) of this title, or the chief probation
officer in all other districts, and the United States attorney, collect,
verify, and prepare reports for the United States attorney's office of
information pertaining to the pretrial diversion of any individual who
is or may be charged with an offense, and perform such other duties as
may be required under any such agreement.
(11) Make contracts, to such extent and in such amounts as are
provided in appropriation Acts, for the carrying out of any pretrial
services functions.
(12)(A) As directed by the court and to the degree required by the
regimen of care or treatment ordered by the court as a condition of
release, keep informed as to the conduct and provide supervision of a
person conditionally released under the provisions of section 4243 or
4246 of this title, and report such person's conduct and condition to
the court ordering release and the Attorney General or his designee.
(B) Any violation of the conditions of release shall immediately be
reported to the court and the Attorney General or his designee.
(13) Perform such other functions as specified under this chapter.
(Added Pub. L. 93-619, title II, 201, Jan. 3, 1975, 88 Stat. 2087;
amended Pub. L. 97-267, 4, Sept. 27, 1982, 96 Stat. 1137; Pub. L.
98-473, title II, 203(b), Oct. 12, 1984, 98 Stat. 1984; Pub. L.
101-647, title XXXV, 3576, Nov. 29, 1990, 104 Stat. 4929; Pub. L.
102-572, title VII, 701(b), title X, 1002, Oct. 29, 1992, 106 Stat.
4515, 4521.)
1992 -- Par. (1). Pub. L. 102-572, 1002, inserted before period at
end ''; except that a district court may direct that information not be
collected, verified, or reported under this paragraph on individuals
charged with Class A misdemeanors as defined in section 3559(a)(6) of
this title''.
Pars. (12), (13). Pub. L. 102-572, 701(b), added par. (12) and
redesignated former par. (12) as (13).
1990 -- Par. (1). Pub. L. 101-647 substituted ''community, and,
where appropriate, include a recommendation as to whether such
individual should be released or detained and, if release is
recommended, recommend appropriate conditions of release.'' for
''community'' and all that followed through end of par. (1).
1984 -- Par. (1). Pub. L. 98-473, 203(b)(1), which directed the
amendment of par. (1), by striking out ''and recommend appropriate
release conditions for each such person'' and inserting in lieu thereof
''and, where appropriate, include a recommendation as to whether such
individual should be released or detained and, if release is
recommended, recommend appropriate conditions of release'' could not be
executed because such language did not appear. See 1990 Amendment note
above.
Par. (2). Pub. L. 98-473, 203(b)(2), substituted ''section 3145''
for ''section 3146(e) or section 3147''.
1982 -- Pub. L. 97-267 substituted ''relating to pretrial services''
for ''of pretrial services agencies'' in section catchline, in par. (1)
struck out provisions relating to agency files concerning the pretrial
release of persons charged with an offense, the establishment of
regulations concerning the release of such files, and the access to and
admissibility of these files, in par. (4) struck out provision relating
to the cooperation of the Administrative Office of the United States
Courts and the approval of the Attorney General and provision not
limiting this paragraph to those facilities listed thereunder, in par.
(5) inserted provisions that pretrial services may provide the United
States Attorney as well as the court with information described under
this paragraph and that such information also includes any danger that a
person released to the custody of pretrial services may come to pose to
any other person or the community, in par. (9) substituted provisions
that pretrial services shall develop and implement a system to monitor
and evaluate bail activities, provide information on the result of bail
decisions, and prepare periodic reports to assist the improvement of the
bail process for provisions that pretrial services agencies would
perform such other functions as the court might assign, and added pars.
(10)-(12).
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101 of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
Pub. L. 100-690, title VII, 7304, Nov. 18, 1988, 102 Stat. 4464,
provided that:
''(a) Establishment. -- The Director of the Administrative Office of
the United States Courts shall establish a demonstration program of
mandatory testing of criminal defendants.
''(b) Length of Program. -- The demonstration program shall begin not
later than January 1, 1989, and shall last two years.
''(c) Selection of Districts. -- The Judicial Conference of the
United States shall select 8 Federal judicial districts in which to
carry out the demonstration program, so that the group selected
represents a mix of districts on the basis of criminal caseload and the
types of cases in that caseload.
''(d) Inclusion in Pretrial Services. -- In each of the districts in
which the demonstration program takes place, pretrial services under
chapter 207 of title 18, United States Code, shall arrange for the drug
testing of defendants in criminal cases. To the extent feasible, such
testing shall be completed before the defendant makes the defendant's
initial appearance in the case before a judicial officer. The results
of such testing shall be included in the report to the judicial officer
under section 3154 of title 18, United States Code.
''(e) Mandatory Condition of Probation and Supervised Release. -- In
each of the judicial districts in which the demonstration program is in
effect, it shall be an additional, mandatory condition of probation, and
an additional mandatory condition of supervised release for offenses
occurring or completed on or after January 1, 1989, for any defendant
convicted of a felony, that such defendant refrain from any illegal use
of any controlled substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) and submit to periodic drug tests for
use of controlled substances at least once every 60 days. The
requirement that drug tests be administered at least once every 60 days
may be suspended upon motion of the Director of the Administrative
Office, or the Director's designee, if, after at least one year of
probation or supervised release, the defendant has passed all drug tests
administered pursuant to this section. No action may be taken against a
defendant pursuant to a drug test administered in accordance with this
subsection unless the drug test confirmation is a urine drug test
confirmed using gas chromatography techniques or such test as the
Secretary of Health and Human Services may determine to be of equivalent
accuracy.
''(f) Report to Congress. -- Not later than 90 days after the first
year of the demonstration program and not later than 90 days after the
end of the demonstration program, the Director of the Administrative
Office of the United States Courts shall report to Congress on the
effectiveness of the demonstration program and include in such report
recommendations as to whether mandatory drug testing of defendants
should be made more general and permanent.''
18 USC 3155. Annual reports
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Each chief pretrial services officer in districts in which pretrial
services are established under section 3152(b) of this title, and each
chief probation officer in all other districts, shall prepare an annual
report to the chief judge of the district court and the Director
concerning the administration and operation of pretrial services. The
Director shall be required to include in the Director's annual report to
the Judicial Conference under section 604 of title 28 a report on the
administration and operation of the pretrial services for the previous
year.
(Added Pub. L. 93-619, title II, 201, Jan. 3, 1975, 88 Stat. 2088;
amended Pub. L. 97-267, 5, Sept. 27, 1982, 96 Stat. 1138.)
1982 -- Pub. L. 97-267 substituted provisions that each pretrial
services officer or chief probation officer shall prepare an annual
report to the chief judge of the district court and to the Director
concerning the administration and operation of pretrial services and
that the Director must include in the Director's annual report to the
Judicial Conference a report on the administration and operation of the
pretrial services for the previous year for provisions relating to the
Director's annual report to Congress, the contents of the Director's
fourth annual report, and that on or before the expiration of the
forty-eighth-month period following July 1, 1975, the Director would
file a comprehensive report with Congress concerning the administration
and operation of the amendments made by the Speedy Trial Act of 1974,
including his views and recommendations with respect thereto.
18 USC 3156. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) As used in sections 3141-3150 of this chapter --
(1) the term ''judicial officer'' means, unless otherwise indicated,
any person or court authorized pursuant to section 3041 of this title,
or the Federal Rules of Criminal Procedure, to detain or release a
person before trial or sentencing or pending appeal in a court of the
United States, and any judge of the Superior Court of the District of
Columbia;
(2) the term ''offense'' means any criminal offense, other than an
offense triable by court-martial, military commission, provost court, or
other military tribunal, which is in violation of an Act of Congress and
is triable in any court established by Act of Congress;
(3) the term ''felony'' means an offense punishable by a maximum term
of imprisonment of more than one year; and
(4) the term ''crime of violence'' means --
(A) an offense that has as an element of the offense the use,
attempted use, or threatened use of physical force against the person or
property of another; or
(B) any other offense that is a felony and that, by its nature,
involves a substantial risk that physical force against the person or
property of another may be used in the course of committing the offense.
(b) As used in sections 3152-3155 of this chapter --
(1) the term ''judicial officer'' means, unless otherwise indicated,
any person or court authorized pursuant to section 3041 of this title,
or the Federal Rules of Criminal Procedure, to detain or release a
person before trial or sentencing or pending appeal in a court of the
United States, and
(2) the term ''offense'' means any Federal criminal offense which is
in violation of any Act of Congress and is triable by any court
established by Act of Congress (other than a Class B or C misdemeanor or
an infraction, or an offense triable by court-martial, military
commission, provost court, or other military tribunal).
(Added Pub. L. 93-619, title II, 201, Jan. 3, 1975, 88 Stat. 2088;
amended Pub. L. 98-473, title II, 203(c), 223(h), Oct. 12, 1984, 98
Stat. 1985, 2029; Pub. L. 99-646, 55(i), Nov. 10, 1986, 100 Stat.
3610.)
1986 -- Subsec. (a). Pub. L. 99-646 substituted ''the term'' for
''The term'' in pars. (1) to (4) and struck out ''and'' after
''Congress;'' in par. (2).
1984 -- Subsec. (a). Pub. L. 98-473, 203(c)(1), substituted
''3141'' for ''3146'' in provision preceding par. (1).
Subsec. (a)(1). Pub. L. 98-473, 203(c)(2), substituted ''to detain
or release'' for ''to bail or otherwise release'' and struck out ''and''
after ''District of Columbia;''.
Subsec. (a)(3), (4). Pub. L. 98-473, 203(c)(3), (4), added pars.
(3) and (4).
Subsec. (b)(1). Pub. L. 98-473, 203(c)(5), substituted ''to detain
or release'' for ''to bail or otherwise release''.
Subsec. (b)(2). Pub. L. 98-473, 223(h), substituted ''Class B or C
misdemeanor or an infraction'' for ''petty offense as defined in section
1(3) of this title''.
Amendment by Pub. L. 99-646 effective 30 days after Nov. 10, 1986,
see section 55(j) of Pub. L. 99-646, set out as a note under section
3141 of this title.
Amendment by section 223(h) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
18 USC CHAPTER 208 -- SPEEDY TRIAL
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3161. Time limits and exclusions.
3162. Sanctions.
3163. Effective dates.
3164. Persons detained or designated as being of high risk.
3165. District plans -- generally.
3166. District plans -- contents.
3167. Reports to Congress.
3168. Planning process.
3169. Federal Judicial Center.
3170. Speedy trial data.
3171. Planning appropriations.
3172. Definitions.
3173. Sixth amendment rights.
3174. Judicial emergency and implementation.
1979 -- Pub. L. 96-43, 11, Aug. 2, 1979, 93 Stat. 332,
substituted ''Persons detained or designated as being of high risk'' for
''Interim limits'' in item 3164 and inserted ''and implementation'' in
item 3174.
1975 -- Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat.
2076, added chapter 208 and items 3161 to 3174.
18 USC 3161. Time limits and exclusions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In any case involving a defendant charged with an offense, the
appropriate judicial officer, at the earliest practicable time, shall,
after consultation with the counsel for the defendant and the attorney
for the Government, set the case for trial on a day certain, or list it
for trial on a weekly or other short-term trial calendar at a place
within the judicial district, so as to assure a speedy trial.
(b) Any information or indictment charging an individual with the
commission of an offense shall be filed within thirty days from the date
on which such individual was arrested or served with a summons in
connection with such charges. If an individual has been charged with a
felony in a district in which no grand jury has been in session during
such thirty-day period, the period of time for filing of the indictment
shall be extended an additional thirty days.
(c)(1) In any case in which a plea of not guilty is entered, the
trial of a defendant charged in an information or indictment with the
commission of an offense shall commence within seventy days from the
filing date (and making public) of the information or indictment, or
from the date the defendant has appeared before a judicial officer of
the court in which such charge is pending, whichever date last occurs.
If a defendant consents in writing to be tried before a magistrate on a
complaint, the trial shall commence within seventy days from the date of
such consent.
(2) Unless the defendant consents in writing to the contrary, the
trial shall not commence less than thirty days from the date on which
the defendant first appears through counsel or expressly waives counsel
and elects to proceed pro se.
(d)(1) If any indictment or information is dismissed upon motion of
the defendant, or any charge contained in a complaint filed against an
individual is dismissed or otherwise dropped, and thereafter a complaint
is filed against such defendant or individual charging him with the same
offense or an offense based on the same conduct or arising from the same
criminal episode, or an information or indictment is filed charging such
defendant with the same offense or an offense based on the same conduct
or arising from the same criminal episode, the provisions of subsections
(b) and (c) of this section shall be applicable with respect to such
subsequent complaint, indictment, or information, as the case may be.
(2) If the defendant is to be tried upon an indictment or information
dismissed by a trial court and reinstated following an appeal, the trial
shall commence within seventy days from the date the action occasioning
the trial becomes final, except that the court retrying the case may
extend the period for trial not to exceed one hundred and eighty days
from the date the action occasioning the trial becomes final if the
unavailability of witnesses or other factors resulting from the passage
of time shall make trial within seventy days impractical. The periods
of delay enumerated in section 3161(h) are excluded in computing the
time limitations specified in this section. The sanctions of section
3162 apply to this subsection.
(e) If the defendant is to be tried again following a declaration by
the trial judge of a mistrial or following an order of such judge for a
new trial, the trial shall commence within seventy days from the date
the action occasioning the retrial becomes final. If the defendant is
to be tried again following an appeal or a collateral attack, the trial
shall commence within seventy days from the date the action occasioning
the retrial becomes final, except that the court retrying the case may
extend the period for retrial not to exceed one hundred and eighty days
from the date the action occasioning the retrial becomes final if
unavailability of witnesses or other factors resulting from passage of
time shall make trial within seventy days impractical. The periods of
delay enumerated in section 3161(h) are excluded in computing the time
limitations specified in this section. The sanctions of section 3162
apply to this subsection.
(f) Notwithstanding the provisions of subsection (b) of this section,
for the first twelve-calendar-month period following the effective date
of this section as set forth in section 3163(a) of this chapter the time
limit imposed with respect to the period between arrest and indictment
by subsection (b) of this section shall be sixty days, for the second
such twelve-month period such time limit shall be forty-five days and
for the third such period such time limit shall be thirty-five days.
(g) Notwithstanding the provisions of subsection (c) of this section,
for the first twelve-calendar-month period following the effective date
of this section as set forth in section 3163(b) of this chapter, the
time limit with respect to the period between arraignment and trial
imposed by subsection (c) of this section shall be one hundred and
eighty days, for the second such twelve-month period such time limit
shall be one hundred and twenty days, and for the third such period such
time limit with respect to the period between arraignment and trial
shall be eighty days.
(h) The following periods of delay shall be excluded in computing the
time within which an information or an indictment must be filed, or in
computing the time within which the trial of any such offense must
commence:
(1) Any period of delay resulting from other proceedings concerning
the defendant, including but not limited to --
(A) delay resulting from any proceeding, including any examinations,
to determine the mental competency or physical capacity of the
defendant;
(B) delay resulting from any proceeding, including any examination of
the defendant, pursuant to section 2902 of title 28, United States Code;
(C) delay resulting from deferral of prosecution pursuant to section
2902 of title 28, United States Code;
(D) delay resulting from trial with respect to other charges against
the defendant;
(E) delay resulting from any interlocutory appeal;
(F) delay resulting from any pretrial motion, from the filing of the
motion through the conclusion of the hearing on, or other prompt
disposition of, such motion;
(G) delay resulting from any proceeding relating to the transfer of a
case or the removal of any defendant from another district under the
Federal Rules of Criminal Procedure;
(H) delay resulting from transportation of any defendant from another
district, or to and from places of examination or hospitalization,
except that any time consumed in excess of ten days from the date an
order of removal or an order directing such transportation, and the
defendant's arrival at the destination shall be presumed to be
unreasonable;
(I) delay resulting from consideration by the court of a proposed
plea agreement to be entered into by the defendant and the attorney for
the Government; and
(J) delay reasonably attributable to any period, not to exceed thirty
days, during which any proceeding concerning the defendant is actually
under advisement by the court.
(2) Any period of delay during which prosecution is deferred by the
attorney for the Government pursuant to written agreement with the
defendant, with the approval of the court, for the purpose of allowing
the defendant to demonstrate his good conduct.
(3)(A) Any period of delay resulting from the absence or
unavailability of the defendant or an essential witness.
(B) For purposes of subparagraph (A) of this paragraph, a defendant
or an essential witness shall be considered absent when his whereabouts
are unknown and, in addition, he is attempting to avoid apprehension or
prosecution or his whereabouts cannot be determined by due diligence.
For purposes of such subparagraph, a defendant or an essential witness
shall be considered unavailable whenever his whereabouts are known but
his presence for trial cannot be obtained by due diligence or he resists
appearing at or being returned for trial.
(4) Any period of delay resulting from the fact that the defendant is
mentally incompetent or physically unable to stand trial.
(5) Any period of delay resulting from the treatment of the defendant
pursuant to section 2902 of title 28, United States Code.
(6) If the information or indictment is dismissed upon motion of the
attorney for the Government and thereafter a charge is filed against the
defendant for the same offense, or any offense required to be joined
with that offense, any period of delay from the date the charge was
dismissed to the date the time limitation would commence to run as to
the subsequent charge had there been no previous charge.
(7) A reasonable period of delay when the defendant is joined for
trial with a codefendant as to whom the time for trial has not run and
no motion for severance has been granted.
(8)(A) Any period of delay resulting from a continuance granted by
any judge on his own motion or at the request of the defendant or his
counsel or at the request of the attorney for the Government, if the
judge granted such continuance on the basis of his findings that the
ends of justice served by taking such action outweigh the best interest
of the public and the defendant in a speedy trial. No such period of
delay resulting from a continuance granted by the court in accordance
with this paragraph shall be excludable under this subsection unless the
court sets forth, in the record of the case, either orally or in
writing, its reasons for finding that the ends of justice served by the
granting of such continuance outweigh the best interests of the public
and the defendant in a speedy trial.
(B) The factors, among others, which a judge shall consider in
determining whether to grant a continuance under subparagraph (A) of
this paragraph in any case are as follows:
(i) Whether the failure to grant such a continuance in the proceeding
would be likely to make a continuation of such proceeding impossible, or
result in a miscarriage of justice.
(ii) Whether the case is so unusual or so complex, due to the number
of defendants, the nature of the prosecution, or the existence of novel
questions of fact or law, that it is unreasonable to expect adequate
preparation for pretrial proceedings or for the trial itself within the
time limits established by this section.
(iii) Whether, in a case in which arrest precedes indictment, delay
in the filing of the indictment is caused because the arrest occurs at a
time such that it is unreasonable to expect return and filing of the
indictment within the period specified in section 3161(b), or because
the facts upon which the grand jury must base its determination are
unusual or complex.
(iv) Whether the failure to grant such a continuance in a case which,
taken as a whole, is not so unusual or so complex as to fall within
clause (ii), would deny the defendant reasonable time to obtain counsel,
would unreasonably deny the defendant or the Government continuity of
counsel, or would deny counsel for the defendant or the attorney for the
Government the reasonable time necessary for effective preparation,
taking into account the exercise of due diligence.
(C) No continuance under subparagraph (A) of this paragraph shall be
granted because of general congestion of the court's calendar, or lack
of diligent preparation or failure to obtain available witnesses on the
part of the attorney for the Government.
(9) Any period of delay, not to exceed one year, ordered by a
district court upon an application of a party and a finding by a
preponderance of the evidence that an official request, as defined in
section 3292 of this title, has been made for evidence of any such
offense and that it reasonably appears, or reasonably appeared at the
time the request was made, that such evidence is, or was, in such
foreign country.
(i) If trial did not commence within the time limitation specified in
section 3161 because the defendant had entered a plea of guilty or nolo
contendere subsequently withdrawn to any or all charges in an indictment
or information, the defendant shall be deemed indicted with respect to
all charges therein contained within the meaning of section 3161, on the
day the order permitting withdrawal of the plea becomes final.
(j)(1) If the attorney for the Government knows that a person charged
with an offense is serving a term of imprisonment in any penal
institution, he shall promptly --
(A) undertake to obtain the presence of the prisoner for trial; or
(B) cause a detainer to be filed with the person having custody of
the prisoner and request him to so advise the prisoner and to advise the
prisoner of his right to demand trial.
(2) If the person having custody of such prisoner receives a
detainer, he shall promptly advise the prisoner of the charge and of the
prisoner's right to demand trial. If at any time thereafter the
prisoner informs the person having custody that he does demand trial,
such person shall cause notice to that effect to be sent promptly to the
attorney for the Government who caused the detainer to be filed.
(3) Upon receipt of such notice, the attorney for the Government
shall promptly seek to obtain the presence of the prisoner for trial.
(4) When the person having custody of the prisoner receives from the
attorney for the Government a properly supported request for temporary
custody of such prisoner for trial, the prisoner shall be made available
to that attorney for the Government (subject, in cases of
interjurisdictional transfer, to any right of the prisoner to contest
the legality of his delivery).
(k)(1) If the defendant is absent (as defined by subsection (h)(3))
on the day set for trial, and the defendant's subsequent appearance
before the court on a bench warrant or other process or surrender to the
court occurs more than 21 days after the day set for trial, the
defendant shall be deemed to have first appeared before a judicial
officer of the court in which the information or indictment is pending
within the meaning of subsection (c) on the date of the defendant's
subsequent appearance before the court.
(2) If the defendant is absent (as defined by subsection (h)(3)) on
the day set for trial, and the defendant's subsequent appearance before
the court on a bench warrant or other process or surrender to the court
occurs not more than 21 days after the day set for trial, the time limit
required by subsection (c), as extended by subsection (h), shall be
further extended by 21 days.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2076;
amended Pub. L. 96-43, 2-5, Aug. 2, 1979, 93 Stat. 327, 328; Pub. L.
98-473, title II, 1219, Oct. 12, 1984, 98 Stat. 2167; Pub. L.
100-690, title VI, 6476, Nov. 18, 1988, 102 Stat. 4380.)
1988 -- Subsec. (k). Pub. L. 100-690 added subsec. (k).
1984 -- Subsec. (h)(8)(C). Pub. L. 98-473, 1219(1), substituted
''subparagraph (A) of this paragraph'' for ''paragraph (8)(A) of this
subsection''.
Subsec. (h)(9). Pub. L. 98-473, 1219(2), added par. (9).
1979 -- Subsec. (c)(1). Pub. L. 96-43, 2, merged the ten day
indictment-to-arraignment and the sixty day arraignment-to-trial limits
into a single seventy day indictment-to-trial period.
Subsec. (c)(2). Pub. L. 96-43, 2, added par. (2).
Subsec. (d). Pub. L. 96-43, 3(a), designated existing provisions as
par. (1) and added par. (2).
Subsec. (e). Pub. L. 96-43, 3(b), substituted ''seventy days'' for
''sixty days'' in three places and inserted provisions excluding the
periods of delay enumerated in subsec. (h) of this section in computing
the time limitations specified in this section and applying the
sanctions of section 3162 of this title to this subsection.
Subsec. (h)(1). Pub. L. 96-43, 4, added to the listing of excludable
delays, delays resulting from the deferral of prosecution under section
2902 of title 28, delays caused by consideration by the court of
proposed plea agreements, and delays resulting from the transportation
of a defendant from another district or for the purpose of examination
or hospitalization, and expanded provisions relating to exclusions of
periods of delay resulting from hearings on pretrial motions,
examinations and hearings relating to the mental or physical condition
of defendant, or the removal of a defendant from another district under
the Federal Rules of Criminal Procedure.
Subsec. (h)(8)(B)(ii). Pub. L. 96-43, 5(a), expanded provisions
authorizing the granting of continuances based on the complexity or
unusual nature of a case to include delays in preparation of all phases
of a case, including pretrial motion preparation.
Subsec. (h)(8)(B)(iii). Pub. L. 96-43, 5(b), inserted provision
authorizing a continuance where the delay in filing the indictment is
caused by the arrest taking place at such time that the return and
filing of the indictment can not reasonably be expected within the
period specified in section 3161(b) of this title.
Subsec. (h)(8)(B)(iv). Pub. L. 96-43, 5(c), added cl. (iv).
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 98-473 effective 30 days after Oct. 12, 1984,
see section 1220 of Pub. L. 98-473, set out as an Effective Date note
under section 3505 of this title.
Section 1 of Pub. L. 96-43 provided: ''That this Act (amending this
section and sections 3163 to 3168, 3170 and 3174 of this title) may be
cited as the 'Speedy Trial Act Amendments Act of 1979'.''
Section 1 of Pub. L. 93-619 provided: ''That this Act (enacting
this chapter and sections 3153 to 3156 of this title, and amending
section 3152 of this title, and section 604 of Title 28, Judiciary and
Judicial Procedure) may be cited as the 'Speedy Trial Act of 1974'.''
18 USC 3162. Sanctions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) If, in the case of any individual against whom a complaint is
filed charging such individual with an offense, no indictment or
information is filed within the time limit required by section 3161(b)
as extended by section 3161(h) of this chapter, such charge against that
individual contained in such complaint shall be dismissed or otherwise
dropped. In determining whether to dismiss the case with or without
prejudice, the court shall consider, among others, each of the following
factors: the seriousness of the offense; the facts and circumstances
of the case which led to the dismissal; and the impact of a
reprosecution on the administration of this chapter and on the
administration of justice.
(2) If a defendant is not brought to trial within the time limit
required by section 3161(c) as extended by section 3161(h), the
information or indictment shall be dismissed on motion of the defendant.
The defendant shall have the burden of proof of supporting such motion
but the Government shall have the burden of going forward with the
evidence in connection with any exclusion of time under subparagraph
3161(h)(3). In determining whether to dismiss the case with or without
prejudice, the court shall consider, among others, each of the following
factors: the seriousness of the offense; the facts and circumstances
of the case which led to the dismissal; and the impact of a
reprosecution on the administration of this chapter and on the
administration of justice. Failure of the defendant to move for
dismissal prior to trial or entry of a plea of guilty or nolo contendere
shall constitute a waiver of the right to dismissal under this section.
(b) In any case in which counsel for the defendant or the attorney
for the Government (1) knowingly allows the case to be set for trial
without disclosing the fact that a necessary witness would be
unavailable for trial; (2) files a motion solely for the purpose of
delay which he knows is totally frivolous and without merit; (3) makes
a statement for the purpose of obtaining a continuance which he knows to
be false and which is material to the granting of a continuance; or (4)
otherwise willfully fails to proceed to trial without justification
consistent with section 3161 of this chapter, the court may punish any
such counsel or attorney, as follows:
(A) in the case of an appointed defense counsel, by reducing the
amount of compensation that otherwise would have been paid to such
counsel pursuant to section 3006A of this title in an amount not to
exceed 25 per centum thereof;
(B) in the case of a counsel retained in connection with the defense
of a defendant, by imposing on such counsel a fine of not to exceed 25
per centum of the compensation to which he is entitled in connection
with his defense of such defendant;
(C) by imposing on any attorney for the Government a fine of not to
exceed $250;
(D) by denying any such counsel or attorney for the Government the
right to practice before the court considering such case for a period of
not to exceed ninety days; or
(E) by filing a report with an appropriate disciplinary committee.
The authority to punish provided for by this subsection shall be in
addition to any other authority or power available to such court.
(c) The court shall follow procedures established in the Federal
Rules of Criminal Procedure in punishing any counsel or attorney for the
Government pursuant to this section.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2079.)
18 USC 3163. Effective dates
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The time limitation in section 3161(b) of this chapter --
(1) shall apply to all individuals who are arrested or served with a
summons on or after the date of expiration of the twelve-calendar-month
period following July 1, 1975; and
(2) shall commence to run on such date of expiration to all
individuals who are arrested or served with a summons prior to the date
of expiration of such twelve-calendar-month period, in connection with
the commission of an offense, and with respect to which offense no
information or indictment has been filed prior to such date of
expiration.
(b) The time limitation in section 3161(c) of this chapter --
(1) shall apply to all offenses charged in informations or
indictments filed on or after the date of expiration of the
twelve-calendar-month period following July 1, 1975; and
(2) shall commence to run on such date of expiration as to all
offenses charged in informations or indictments filed prior to that
date.
(c) Subject to the provisions of section 3174(c), section 3162 of
this chapter shall become effective and apply to all cases commenced by
arrest or summons, and all informations or indictments filed, on or
after July 1, 1980.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2080;
amended Pub. L. 96-43, 6, Aug. 2, 1979, 93 Stat. 328.)
1979 -- Subsec. (c). Pub. L. 96-43 substituted provision that
section 3162 of this title was to become effective and apply to all
cases commenced by arrest or summons, and all informations and
indictments filed, on or after July 1, 1980, subject to section 3174(c)
of this title, for provision that such section was to become effective
after the date of expiration of the fourth twelve-calendar-month period
following July 1, 1975.
18 USC 3164. Persons detained or designated as being of high risk
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The trial or other disposition of cases involving --
(1) a detained person who is being held in detention solely because
he is awaiting trial, and
(2) a released person who is awaiting trial and has been designated
by the attorney for the Government as being of high risk,
shall be accorded priority.
(b) The trial of any person described in subsection (a)(1) or (a)(2)
of this section shall commence not later than ninety days following the
beginning of such continuous detention or designation of high risk by
the attorney for the Government. The periods of delay enumerated in
section 3161(h) are excluded in computing the time limitation specified
in this section.
(c) Failure to commence trial of a detainee as specified in
subsection (b), through no fault of the accused or his counsel, or
failure to commence trial of a designated releasee as specified in
subsection (b), through no fault of the attorney for the Government,
shall result in the automatic review by the court of the conditions of
release. No detainee, as defined in subsection (a), shall be held in
custody pending trial after the expiration of such ninety-day period
required for the commencement of his trial. A designated releasee, as
defined in subsection (a), who is found by the court to have
intentionally delayed the trial of his case shall be subject to an order
of the court modifying his nonfinancial conditions of release under this
title to insure that he shall appear at trial as required.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2081;
amended Pub. L. 96-43, 7, Aug. 2, 1979, 93 Stat. 329.)
1979 -- Pub. L. 96-43, 7(1), substituted ''Persons detained or
designated as being of high risk'' for ''Interim limits'' in section
catchline.
Subsec. (a). Pub. L. 96-43, 7(2), struck out provisions limiting the
trial priority to be accorded persons specified in cls. (1) and (2) of
this subsection to the interim period commencing ninety days following
July 1, 1975 and ending on the date immediately preceding the date on
which the time limits provided for under section 3161(b) and (c) of this
title become effective.
Subsec. (b). Pub. L. 96-43, 7(3), struck out provisions making trial
priority provisions of this subsection applicable during an interim
period only and requiring the trial of any person detained or designated
by the government as being of high risk on or before the first day of
such interim period to commence no later than ninety days following the
first day of the period and inserted provision excluding the periods of
delay specified in section 3161(h) of this title in computing the time
limitation of this section.
18 USC 3165. District plans -- generally
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Each district court shall conduct a continuing study of the
administration of criminal justice in the district court and before
United States magistrates of the district and shall prepare plans for
the disposition of criminal cases in accordance with this chapter. Each
such plan shall be formulated after consultation with, and after
considering the recommendations of, the Federal Judicial Center and the
planning group established for that district pursuant to section 3168.
The plans shall be prepared in accordance with the schedule set forth in
subsection (e) of this section.
(b) The planning and implementation process shall seek to accelerate
the disposition of criminal cases in the district consistent with the
time standards of this chapter and the objectives of effective law
enforcement, fairness to accused persons, efficient judicial
administration, and increased knowledge concerning the proper
functioning of the criminal law. The process shall seek to avoid
underenforcement, overenforcement and discriminatory enforcement of the
law, prejudice to the prompt disposition of civil litigation, and undue
pressure as well as undue delay in the trial of criminal cases.
(c) The plans prepared by each district court shall be submitted for
approval to a reviewing panel consisting of the members of the judicial
council of the circuit and either the chief judge of the district court
whose plan is being reviewed or such other active judge of that court as
the chief judge of that district court may designate. If approved by
the reviewing panel, the plan shall be forwarded to the Administrative
Office of the United States Courts, which office shall report annually
on the operation of such plans to the Judicial Conference of the United
States.
(d) The district court may modify the plan at any time with the
approval of the reviewing panel. It shall modify the plan when directed
to do so by the reviewing panel or the Judicial Conference of the United
States. Modifications shall be reported to the Administrative Office of
the United States Courts.
(e)(1) Prior to the expiration of the twelve-calendar-month period
following July 1, 1975, each United States district court shall prepare
and submit a plan in accordance with subsections (a) through (d) above
to govern the trial or other disposition of offenses within the
jurisdiction of such court during the second and third
twelve-calendar-month periods following the effective date of subsection
3161(b) and subsection 3161(c).
(2) Prior to the expiration of the thirty-six calendar month period
following July 1, 1975, each United States district court shall prepare
and submit a plan in accordance with subsections (a) through (d) above
to govern the trial or other disposition of offenses within the
jurisdiction of such court during the fourth and fifth
twelve-calendar-month periods following the effective date of subsection
3161(b) and subsection 3161(c).
(3) Not later than June 30, 1980, each United States district court
with respect to which implementation has not been ordered under section
3174(c) shall prepare and submit a plan in accordance with subsections
(a) through (d) to govern the trial or other disposition of offenses
within the jurisdiction of such court during the sixth and subsequent
twelve-calendar-month periods following the effective date of subsection
3161(b) and subsection 3161(c) in effect prior to the date of enactment
of this paragraph.
(f) Plans adopted pursuant to this section shall, upon adoption, and
recommendations of the district planning group shall, upon completion,
become public documents.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2081;
amended Pub. L. 96-43, 8, Aug. 2, 1979, 93 Stat. 329; Pub. L.
101-647, title XXXV, 3577, Nov. 29, 1990, 104 Stat. 4929.)
For the effective date of subsection 3161(b) and subsection 3161(c)
in effect prior to the date of enactment of this paragraph, referred to
in subsec. (e), see section 3163(a) and (b) of this title. The date of
enactment of par. (3) of subsec. (e) of this section is the date of
enactment of Pub. L. 96-43, which was approved Aug. 2, 1979. Subsecs.
(a) and (b) of section 3163 of this title were not amended by Pub. L.
96-43.
1990 -- Subsec. (e)(2). Pub. L. 101-647 substituted
''twelve-calendar-month'' for ''twelve-calendar month''.
1979 -- Subsec. (e)(2). Pub. L. 96-43, 8(1), substituted ''fifth
twelve-calendar'' for ''subsequent twelve-calendar''.
Subsec. (e)(3). Pub. L. 96-43, 8(2), added par. (3).
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
18 USC 3166. District plans -- contents
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Each plan shall include a description of the time limits,
procedural techniques, innovations, systems and other methods, including
the development of reliable methods for gathering and monitoring
information and statistics, by which the district court, the United
States attorney, the Federal public defender, if any, and private
attorneys experienced in the defense of criminal cases, have expedited
or intend to expedite the trial or other disposition of criminal cases,
consistent with the time limits and other objectives of this chapter.
(b) Each plan shall include information concerning the implementation
of the time limits and other objectives of this chapter, including:
(1) the incidence of and reasons for, requests or allowances of
extensions of time beyond statutory or district standards;
(2) the incidence of, and reasons for, periods of delay under section
3161(h) of this title;
(3) the incidence of, and reasons for, the invocation of sanctions
for noncompliance with time standards, or the failure to invoke such
sanctions, and the nature of the sanction, if any invoked for
noncompliance;
(4) the new timetable set, or requested to be set, for an extension;
(5) the effect on criminal justice administration of the prevailing
time limits and sanctions, including the effects on the prosecution, the
defense, the courts, the correctional process, costs, transfers and
appeals;
(6) the incidence and length of, reasons for, and remedies for
detention prior to trial, and information required by the provisions of
the Federal Rules of Criminal Procedure relating to the supervision of
detention pending trial;
(7) the identity of cases which, because of their special
characteristics, deserve separate or different time limits as a matter
of statutory classifications;
(8) the incidence of, and reasons for each thirty-day extension under
section 3161(b) with respect to an indictment in that district; and
(9) the impact of compliance with the time limits of subsections (b)
and (c) of section 3161 upon the civil case calendar in the district.
(c) Each district plan required by section 3165 shall include
information and statistics concerning the administration of criminal
justice within the district, including, but not limited to:
(1) the time span between arrest and indictment, indictment and
trial, and conviction and sentencing;
(2) the number of matters presented to the United States Attorney for
prosecution, and the numbers of such matters prosecuted and not
prosecuted;
(3) the number of matters transferred to other districts or to States
for prosecution;
(4) the number of cases disposed of by trial and by plea;
(5) the rates of nolle prosequi, dismissal, acquittal, conviction,
diversion, or other disposition;
(6) the extent of preadjudication detention and release, by numbers
of defendants and days in custody or at liberty prior to disposition;
and
(7)(A) the number of new civil cases filed in the
twelve-calendar-month period preceding the submission of the plan;
(B) the number of civil cases pending at the close of such period;
and
(C) the increase or decrease in the number of civil cases pending at
the close of such period, compared to the number pending at the close of
the previous twelve-calendar-month period, and the length of time each
such case has been pending.
(d) Each plan shall further specify the rule changes, statutory
amendments, and appropriations needed to effectuate further improvements
in the administration of justice in the district which cannot be
accomplished without such amendments or funds.
(e) Each plan shall include recommendations to the Administrative
Office of the United States Courts for reporting forms, procedures, and
time requirements. The Director of the Administrative Office of the
United States Courts, with the approval of the Judicial Conference of
the United States, shall prescribe such forms and procedures and time
requirements consistent with section 3170 after consideration of the
recommendations contained in the district plan and the need to reflect
both unique local conditions and uniform national reporting standards.
(f) Each plan may be accompanied by guidelines promulgated by the
judicial council of the circuit for use by all district courts within
that circuit to implement and secure compliance with this chapter.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2082;
amended Pub. L. 96-43, 9(a)-(c), Aug. 2, 1979, 93 Stat. 329; Pub. L.
101-647, title XXXV, 3578, Nov. 29, 1990, 104 Stat. 4929.)
1990 -- Subsec. (b)(8). Pub. L. 101-647 substituted ''extension''
for ''extention''.
1979 -- Subsec. (b)(9). Pub. L. 96-43, 9(a), added par. (9).
Subsec. (c)(7). Pub. L. 96-43, 9(b), added par. (7).
Subsec. (f). Pub. L. 96-43, 9(c), added subsec. (f).
18 USC 3167. Reports to Congress
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The Administrative Office of the United States Courts, with the
approval of the Judicial Conference, shall submit periodic reports to
Congress detailing the plans submitted pursuant to section 3165. The
reports shall be submitted within three months following the final dates
for the submission of plans under section 3165(e) of this title.
(b) Such reports shall include recommendations for legislative
changes or additional appropriations to achieve the time limits and
objectives of this chapter. The report shall also contain pertinent
information such as the state of the criminal docket at the time of the
adoption of the plan; the extent of pretrial detention and release;
and a description of the time limits, procedural techniques,
innovations, systems, and other methods by which the trial or other
disposition of criminal cases have been expedited or may be expedited in
the districts. Such reports shall also include the following:
(1) The reasons why, in those cases not in compliance with the time
limits of subsections (b) and (c) of section 3161, the provisions of
section 3161(h) have not been adequate to accommodate reasonable periods
of delay.
(2) The category of offenses, the number of defendants, and the
number of counts involved in those cases which are not meeting the time
limits specified in subsections (b) and (c) of section 3161.
(3) The additional judicial resources which would be necessary in
order to achieve compliance with the time limits specified in
subsections (b) and (c) of section 3161.
(4) The nature of the remedial measures which have been employed to
improve conditions and practices in those districts with low compliance
experience under this chapter or to promote the adoption of practices
and procedures which have been successful in those districts with high
compliance experience under this chapter.
(5) If a district has experienced difficulty in complying with this
chapter, but an application for relief under section 3174 has not been
made, the reason why such application has not been made.
(6) The impact of compliance with the time limits of subsections (b)
and (c) of section 3161 upon the civil case calendar in each district as
demonstrated by the information assembled and statistics compiled and
submitted under sections 3166 and 3170.
(c) Not later than December 31, 1979, the Department of Justice shall
prepare and submit to the Congress a report which sets forth the impact
of the implementation of this chapter upon the office of the United
States Attorney in each district and which shall also include --
(1) the reasons why, in those cases not in compliance, the provisions
of section 3161(h) have not been adequate to accommodate reasonable
periods of delay;
(2) the nature of the remedial measures which have been employed to
improve conditions and practices in the offices of the United States
Attorneys in those districts with low compliance experience under this
chapter or to promote the adoption of practices and procedures which
have been successful in those districts with high compliance experience
under this chapter;
(3) the additional resources for the offices of the United States
Attorneys which would be necessary to achieve compliance with the time
limits of subsections (b) and (c) of section 3161;
(4) suggested changes in the guidelines or other rules implementing
this chapter or statutory amendments which the Department of Justice
deems necessary to further improve the administration of justice and
meet the objectives of this chapter; and
(5) the impact of compliance with the time limits of subsections (b)
and (c) of section 3161 upon the litigation of civil cases by the
offices of the United States Attorneys and the rule changes, statutory
amendments, and resources necessary to assure that such litigation is
not prejudiced by full compliance with this chapter.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2083;
amended Pub. L. 96-43, 9(e), Aug. 2, 1979, 93 Stat. 330.)
1979 -- Subsec. (b). Pub. L. 96-43, 9(e)(1), inserted last sentence
containing pars. (1) to (6).
Subsec. (c). Pub. L. 96-43, 9(e)(2), added subsec. (c).
18 USC 3168. Planning process
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Within sixty days after July 1, 1975, each United States district
court shall convene a planning group consisting at minimum of the Chief
Judge, a United States magistrate, if any designated by the Chief Judge,
the United States Attorney, the Clerk of the district court, the Federal
Public Defender, if any, two private attorneys, one with substantial
experience in the defense of criminal cases in the district and one with
substantial experience in civil litigation in the district, the Chief
United States Probation Officer for the district, and a person skilled
in criminal justice research who shall act as reporter for the group.
The group shall advise the district court with respect to the
formulation of all district plans and shall submit its recommendations
to the district court for each of the district plans required by section
3165. The group shall be responsible for the initial formulation of all
district plans and of the reports required by this chapter and in aid
thereof, it shall be entitled to the planning funds specified in section
3171.
(b) The planning group shall address itself to the need for reforms
in the criminal justice system, including but not limited to changes in
the grand jury system, the finality of criminal judgments, habeas corpus
and collateral attacks, pretrial diversion, pretrial detention,
excessive reach of Federal criminal law, simplification and improvement
of pretrial and sentencing procedures, and appellate delay.
(c) Members of the planning group with the exception of the reporter
shall receive no additional compensation for their services, but shall
be reimbursed for travel, subsistence and other necessary expenses
incurred by them in carrying out the duties of the advisory group in
accordance with the provisions of title 5, United States Code, chapter
57. The reporter shall be compensated in accordance with section 3109
of title 5, United States Code, and notwithstanding other provisions of
law he may be employed for any period of time during which his services
are needed.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2083;
amended Pub. L. 96-43, 9(d), Aug. 2, 1979, 93 Stat. 330.)
1979 -- Subsec. (a). Pub. L. 96-43 substituted ''two private
attorneys, one with substantial experience in the defense of criminal
cases in the district and one with substantial experience in civil
litigation in the district'' for ''a private attorney experienced in the
defense of criminal cases in the district''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
18 USC 3169. Federal Judicial Center
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Federal Judicial Center shall advise and consult with the
planning groups and the district courts in connection with their duties
under this chapter.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2084.)
18 USC 3170. Speedy trial data
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) To facilitate the planning process, the implementation of the
time limits, and continuous and permanent compliance with the objectives
of this chapter, the clerk of each district court shall assemble the
information and compile the statistics described in sections 3166(b) and
3166(c) of this title. The clerk of each district court shall assemble
such information and compile such statistics on such forms and under
such regulations as the Administrative Office of the United States
Courts shall prescribe with the approval of the Judicial Conference and
after consultation with the Attorney General.
(b) The clerk of each district court is authorized to obtain the
information required by sections 3166(b) and 3166(c) from all relevant
sources including the United States Attorney, Federal Public Defender,
private defense counsel appearing in criminal cases in the district,
United States district court judges, and the chief Federal Probation
Officer for the district. This subsection shall not be construed to
require the release of any confidential or privileged information.
(c) The information and statistics compiled by the clerk pursuant to
this section shall be made available to the district court, the planning
group, the circuit council, and the Administrative Office of the United
States Courts.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2084;
amended Pub. L. 96-43, 9(f), Aug. 2, 1979, 93 Stat. 331; Pub. L.
101-647, title XXXV, 3579, Nov. 29, 1990, 104 Stat. 4929.)
1990 -- Subsecs. (a), (b). Pub. L. 101-647 substituted ''sections
3166(b) and 3166(c)'' for ''sections 3166(b) and (c)''.
1979 -- Subsec. (a). Pub. L. 96-43 inserted ''continuous and
permanent compliance with the'' and substituted ''described in'' for
''required by''.
18 USC 3171. Planning appropriations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) There is authorized to be appropriated for the fiscal year ending
June 30, 1975, to the Federal judiciary the sum of $2,500,000 to be
allocated by the Administrative Office of the United States Courts to
Federal judicial districts to carry out the initial phases of planning
and implementation of speedy trial plans under this chapter. The funds
so appropriated shall remain available until expended.
(b) No funds appropriated under this section may be expended in any
district except by two-thirds vote of the planning group. Funds to the
extent available may be expended for personnel, facilities, and any
other purpose permitted by law.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2084.)
18 USC 3172. Definitions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
As used in this chapter --
(1) the terms ''judge'' or ''judicial officer'' mean, unless
otherwise indicated, any United States magistrate, Federal district
judge, and
(2) the term ''offense'' means any Federal criminal offense which is
in violation of any Act of Congress and is triable by any court
established by Act of Congress (other than a Class B or C misdemeanor or
an infraction, or an offense triable by court-martial, military
commission, provost court, or other military tribunal).
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2085;
amended Pub. L. 98-473, title II, 223(i), Oct. 12, 1984, 98 Stat.
2029.)
1984 -- Par. (2). Pub. L. 98-473 substituted ''Class B or C
misdemeanor or an infraction'' for ''petty offense as defined in section
1(3) of this title''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
18 USC 3173. Sixth amendment rights
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No provision of this chapter shall be interpreted as a bar to any
claim of denial of speedy trial as required by amendment VI of the
Constitution.
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2085.)
18 USC 3174. Judicial emergency and implementation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In the event that any district court is unable to comply with the
time limits set forth in section 3161(c) due to the status of its court
calendars, the chief judge, where the existing resources are being
efficiently utilized, may, after seeking the recommendations of the
planning group, apply to the judicial council of the circuit for a
suspension of such time limits as provided in subsection (b). The
judicial council of the circuit shall evaluate the capabilities of the
district, the availability of visiting judges from within and without
the circuit, and make any recommendations it deems appropriate to
alleviate calendar congestion resulting from the lack of resources.
(b) If the judicial council of the circuit finds that no remedy for
such congestion is reasonably available, such council may, upon
application by the chief judge of a district, grant a suspension of the
time limits in section 3161(c) in such district for a period of time not
to exceed one year for the trial of cases for which indictments or
informations are filed during such one-year period. During such period
of suspension, the time limits from arrest to indictment, set forth in
section 3161(b), shall not be reduced, nor shall the sanctions set forth
in section 3162 be suspended; but such time limits from indictment to
trial shall not be increased to exceed one hundred and eighty days. The
time limits for the trial of cases of detained persons who are being
detained solely because they are awaiting trial shall not be affected by
the provisions of this section.
(c)(1) If, prior to July 1, 1980, the chief judge of any district
concludes, with the concurrence of the planning group convened in the
district, that the district is prepared to implement the provisions of
section 3162 in their entirety, he may apply to the judicial council of
the circuit in which the district is located to implement such
provisions. Such application shall show the degree of compliance in the
district with the time limits set forth in subsections (b) and (c) of
section 3161 during the twelve-calendar-month period preceding the date
of such application and shall contain a proposed order and schedule for
such implementation, which includes the date on which the provisions of
section 3162 are to become effective in the district, the effect such
implementation will have upon such district's practices and procedures,
and provision for adequate notice to all interested parties.
(2) After review of any such application, the judicial council of the
circuit shall enter an order implementing the provisions of section 3162
in their entirety in the district making application, or shall return
such application to the chief judge of such district, together with an
explanation setting forth such council's reasons for refusing to enter
such order.
(d)(1) The approval of any application made pursuant to subsection
(a) or (c) by a judicial council of a circuit shall be reported within
ten days to the Director of the Administrative Office of the United
States Courts, together with a copy of the application, a written report
setting forth in sufficient detail the reasons for granting such
application, and, in the case of an application made pursuant to
subsection (a), a proposal for alleviating congestion in the district.
(2) The Director of the Administrative Office of the United States
Courts shall not later than ten days after receipt transmit such report
to the Congress and to the Judicial Conference of the United States.
The judicial council of the circuit shall not grant a suspension to any
district within six months following the expiration of a prior
suspension without the consent of the Congress by Act of Congress. The
limitation on granting a suspension made by this paragraph shall not
apply with respect to any judicial district in which the prior
suspension is in effect on the date of the enactment of the Speedy Trial
Act Amendments Act of 1979.
(e) If the chief judge of the district court concludes that the need
for suspension of time limits in such district under this section is of
great urgency, he may order the limits suspended for a period not to
exceed thirty days. Within ten days of entry of such order, the chief
judge shall apply to the judicial council of the circuit for a
suspension pursuant to subsection (a).
(Added Pub. L. 93-619, title I, 101, Jan. 3, 1975, 88 Stat. 2085;
amended Pub. L. 96-43, 10, Aug. 2, 1979, 93 Stat. 331.)
The date of enactment of the Speedy Trial Act Amendments Act of 1979,
referred to in subsec. (d)(2), means the date of enactment of Pub. L.
96-43, which was approved Aug. 2, 1979.
1979 -- Pub. L. 96-43, 10(6), inserted ''and implementation'' in
section catchline.
Subsec. (a). Pub. L. 96-43, 10(1), inserted ''as provided by
subsection (b)''.
Subsec. (b). Pub. L. 96-43, 10(2), (3), substituted provisions
authorizing the circuit judicial council, upon application of the chief
judge of a district, to grant a suspension of the time limits prescribed
by section 3161(c) of this title for provisions requiring such circuit
council to apply to the Judicial Council of the United States for a
suspension of such time limits and substituted provision placing a one
hundred and eighty day limit on any time increase from indictment to
trial for provision placing such limit for any increase from arraignment
to trial.
Subsec. (c). Pub. L. 96-43, 10(4), substituted provisions
authorizing the chief judge of any district, with the approval of the
planning group convened in such district, to apply to the circuit
council to implement the provisions of section 3162 of this title at any
time prior to the date the sanctions prescribed therein were to become
effective, so long as there was concurrence that the district was
prepared to fully implement the provisions of such section for
provisions specifying the reporting requirements of this chapter,
assuring involvement of the Congress in the suspension process, and
guaranteeing that there be an interval of at least six months between
consecutive suspension periods. See subsec. (d) of this section.
Subsecs. (d), (e). Pub. L. 96-43, 10(5), added subsecs. (d) and
(e).
18 USC CHAPTER 209 -- EXTRADITION
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3181. Scope and limitation of chapter.
3182. Fugitives from State or Territory to State, District or
Territory.
3183. Fugitives from State, Territory or Possession into
extraterritorial jurisdiction of United States.
3184. Fugitives from foreign country to United States.
3185. Fugitives from country under control of United States into the
United States.
3186. Secretary of State to surrender fugitive.
3187. Provisional arrest and detention within extraterritorial
jurisdiction.
3188. Time of commitment pending extradition.
3189. Place and character of hearing.
3190. Evidence on hearing.
3191. Witnesses for indigent fugitives.
3192. Protection of accused.
3193. Receiving agent's authority over offenders.
3194. Transportation of fugitive by receiving agent.
3195. Payment of fees and costs.
3196. Extradition of United States citizens.
1990 -- Pub. L. 101-623, 11(b), Nov. 21, 1990, 104 Stat. 3356,
added item 3196.
Applicable to removed proceedings, see rule 54, Appendix to this
title.
Inapplicable to extradition or rendition of fugitives, see rule 54.
Removal proceedings, see rule 40.
Removal of offenders against the United States, from district of
arrest to district of commission of crime, see section 3042 of this
title.
18 USC 3181. Scope and limitation of chapter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisions of this chapter relating to the surrender of persons
who have committed crimes in foreign countries shall continue in force
only during the existence of any treaty of extradition with such foreign
government.
(June 25, 1948, ch. 645, 62 Stat. 822.)
Based on title 18, U.S.C., 1940 ed., 658 (R.S. 5274).
Minor changes were made in phraseology.
Pub. L. 100-690, title IV, 4605, Nov. 18, 1988, 102 Stat. 4290,
which directed greater emphasis on updating of extradition treaties and
on negotiating mutual legal assistance treaties with major drug
producing and drug-transit countries, and called for development of
model treaties and anti-narcotics legislation, was repealed by Pub. L.
102-583, 6(e)(1), Nov. 2, 1992, 106 Stat. 4933.
Pub. L. 100-204, title VIII, 803, Dec. 22, 1987, 101 Stat. 1397,
provided that: ''The Secretary of State shall ensure that the Country
Plan for the United States diplomatic mission in each major illicit drug
producing country and in each major drug-transit country (as those terms
are defined in section 481(i) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(i))) includes, as an objective to be pursued by the mission
--
''(1) negotiating an updated extradition treaty which ensures that
drug traffickers can be extradited to the United States, or
''(2) if an existing treaty provides for such extradition, taking
such steps as may be necessary to ensure that the treaty is effectively
implemented.''
Pub. L. 99-93, title I, 133, Aug. 16, 1985, 99 Stat. 420, provided
that: ''The Secretary of State, with the assistance of the National
Drug Enforcement Policy Board, shall increase United States efforts to
negotiate updated extradition treaties relating to narcotics offenses
with each major drug-producing country, particularly those in Latin
America.''
The United States currently has bilateral extradition treaties with
the following countries:
The United States is a party to the Multilateral Convention on
Extradition signed at Montevideo on Dec. 26, 1933, entered into force
for the United States on Jan. 25, 1935. 49 Stat. 3111.
Other states which have become parties: Argentina, Chile, Colombia,
Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico,
Nicaragua, Panama.
18 USC 3182. Fugitives from State or Territory to State, District or
Territory
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever the executive authority of any State or Territory demands
any person as a fugitive from justice, of the executive authority of any
State, District or Territory to which such person has fled, and produces
a copy of an indictment found or an affidavit made before a magistrate
of any State or Territory, charging the person demanded with having
committed treason, felony, or other crime, certified as authentic by the
governor or chief magistrate of the State or Territory from whence the
person so charged has fled, the executive authority of the State,
District or Territory to which such person has fled shall cause him to
be arrested and secured, and notify the executive authority making such
demand, or the agent of such authority appointed to receive the
fugitive, and shall cause the fugitive to be delivered to such agent
when he shall appear. If no such agent appears within thirty days from
the time of the arrest, the prisoner may be discharged.
(June 25, 1948, ch. 645, 62 Stat. 822.)
Based on title 18, U.S.C., 1940 ed., 662 (R.S. 5278).
Last sentence as to costs and expenses to be paid by the demanding
authority was incorporated in section 3195 of this title.
Word ''District'' was inserted twice to make section equally
applicable to fugitives found in the District of Columbia.
''Thirty days'' was substituted for ''six months'' since, in view of
modern conditions, the smaller time is ample for the demanding authority
to act.
Minor changes were made in phraseology.
Constitutional provision enforced by this section, see Const. Art.
4, 2, cl. 2.
Juvenile delinquents, surrender to State authorities, see section
5001 of this title.
Resistance to extradition agent, see section 1502 of this title.
Surrender of youthful offenders to State authorities, see section
5001 of this title.
Transportation of fugitive by receiving agent, see section 3194 of
this title.
18 USC 3183. Fugitives from State, Territory, or Possession into
extraterritorial jurisdiction of United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever the executive authority of any State, Territory, District,
or possession of the United States or the Panama Canal Zone, demands any
American citizen or national as a fugitive from justice who has fled to
a country in which the United States exercises extraterritorial
jurisdiction, and produces a copy of an indictment found or an affidavit
made before a magistrate of the demanding jurisdiction, charging the
fugitive so demanded with having committed treason, felony, or other
offense, certified as authentic by the Governor or chief magistrate of
such demanding jurisdiction, or other person authorized to act, the
officer or representative of the United States vested with judicial
authority to whom the demand has been made shall cause such fugitive to
be arrested and secured, and notify the executive authorities making
such demand, or the agent of such authority appointed to receive the
fugitive, and shall cause the fugitive to be delivered to such agent
when he shall appear.
If no such agent shall appear within three months from the time of
the arrest, the prisoner may be discharged.
The agent who receives the fugitive into his custody shall be
empowered to transport him to the jurisdiction from which he has fled.
(June 25, 1948, ch. 645, 62 Stat. 822.)
Based on title 18, U.S.C., 1940 ed., 662c (Mar. 22, 1934, ch. 73,
2, 48 Stat. 455).
Said section 662c was incorporated in this section and sections 752
and 3195 of this title.
Provision as to costs or expenses to be paid by the demanding
authority were incorporated in section 3196 of this title.
Reference to the Philippine Islands was deleted as obsolete in view
of the independence of the Commonwealth of the Philippines effective
July 4, 1946.
The attention of Congress is directed to the probability that this
section may be of little, if any, possible use in view of present world
conditions.
Minor changes were made in phraseology.
For definition of Canal Zone, referred to in text, see section
3602(b) of Title 22, Foreign Relations and Intercourse.
Provisional arrest, obtained by telegraph, see section 3187 of this
title.
18 USC 3184. Fugitives from foreign country to United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever there is a treaty or convention for extradition between the
United States and any foreign government, any justice or judge of the
United States, or any magistrate authorized so to do by a court of the
United States, or any judge of a court of record of general jurisdiction
of any State, may, upon complaint made under oath, charging any person
found within his jurisdiction, with having committed within the
jurisdiction of any such foreign government any of the crimes provided
for by such treaty or convention, issue his warrant for the apprehension
of the person so charged, that he may be brought before such justice,
judge, or magistrate, to the end that the evidence of criminality may be
heard and considered. Such complaint may be filed before and such
warrant may be issued by a judge or magistrate of the United States
District Court for the District of Columbia if the whereabouts within
the United States of the person charged are not known or, if there is
reason to believe the person will shortly enter the United States. If,
on such hearing, he deems the evidence sufficient to sustain the charge
under the provisions of the proper treaty or convention, he shall
certify the same, together with a copy of all the testimony taken before
him, to the Secretary of State, that a warrant may issue upon the
requisition of the proper authorities of such foreign government, for
the surrender of such person, according to the stipulations of the
treaty or convention; and he shall issue his warrant for the commitment
of the person so charged to the proper jail, there to remain until such
surrender shall be made.
(June 25, 1948, ch. 645, 62 Stat. 822; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(3), 82 Stat. 1115; Nov. 18, 1988, Pub. L.
100-690, title VII, 7087, 102 Stat. 4409; Nov. 29, 1990, Pub. L.
101-647, title XVI, 1605, 104 Stat. 4843.)
Based on title 18, U.S.C., 1940 ed., 651 (R.S. 5270; June 6, 1900,
ch. 793, 31 Stat. 656).
Minor changes of phraseology were made.
1990 -- Pub. L. 101-647 inserted ''or, if there is reason to believe
the person will shortly enter the United States'' after ''are not
known'' in second sentence.
1988 -- Pub. L. 100-690 inserted after first sentence ''Such
complaint may be filed before and such warrant may be issued by a judge
or magistrate of the United States District Court for the District of
Columbia if the whereabouts within the United States of the person
charged are not known.''
1968 -- Pub. L. 90-578 substituted ''magistrate'' for
''commissioner'' in two places.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
Arrest, power of courts and magistrate judges, see section 3041 of
this title.
Surrender of fugitive to agent of foreign government, see section
3186 of this title.
18 USC 3185. Fugitives from country under control of United States
into the United States
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever any foreign country or territory, or any part thereof, is
occupied by or under the control of the United States, any person who,
having violated the criminal laws in force therein by the commission of
any of the offenses enumerated below, departs or flees from justice
therein to the United States, shall, when found therein, be liable to
arrest and detention by the authorities of the United States, and on the
written request or requisition of the military governor or other chief
executive officer in control of such foreign country or territory shall
be returned and surrendered as hereinafter provided to such authorities
for trial under the laws in force in the place where such offense was
committed.
(1) Murder and assault with intent to commit murder;
(2) Counterfeiting or altering money, or uttering or bringing into
circulation counterfeit or altered money;
(3) Counterfeiting certificates or coupons of public indebtedness,
bank notes, or other instruments of public credit, and the utterance or
circulation of the same;
(4) Forgery or altering and uttering what is forged or altered;
(5) Embezzlement or criminal malversation of the public funds,
committed by public officers, employees, or depositaries;
(6) Larceny or embezzlement of an amount not less than $100 in value;
(7) Robbery;
(8) Burglary, defined to be the breaking and entering by nighttime
into the house of another person with intent to commit a felony therein;
(9) Breaking and entering the house or building of another, whether
in the day or nighttime, with the intent to commit a felony therein;
(10) Entering, or breaking and entering the offices of the Government
and public authorities, or the offices of banks, banking houses, savings
banks, trust companies, insurance or other companies, with the intent to
commit a felony therein;
(11) Perjury or the subornation of perjury;
(12) A felony under chapter 109A of this title;
(13) Arson;
(14) Piracy by the law of nations;
(15) Murder, assault with intent to kill, and manslaughter, committed
on the high seas, on board a ship owned by or in control of citizens or
residents of such foreign country or territory and not under the flag of
the United States, or of some other government;
(16) Malicious destruction of or attempt to destroy railways, trams,
vessels, bridges, dwellings, public edifices, or other buildings, when
the act endangers human life.
This chapter, so far as applicable, shall govern proceedings
authorized by this section. Such proceedings shall be had before a
judge of the courts of the United States only, who shall hold such
person on evidence establishing probable cause that he is guilty of the
offense charged.
No return or surrender shall be made of any person charged with the
commission of any offense of a political nature.
If so held, such person shall be returned and surrendered to the
authorities in control of such foreign country or territory on the order
of the Secretary of State of the United States, and such authorities
shall secure to such a person a fair and impartial trial.
(June 25, 1948, ch. 645, 62 Stat. 823; May 24, 1949, ch. 139, 49,
63 Stat. 96; Nov. 10, 1986, Pub. L. 99-646, 87(c)(6), 100 Stat. 3623;
Nov. 14, 1986, Pub. L. 99-654, 3(a)(6), 100 Stat. 3663.)
Based on title 18, U.S.C., 1940 ed., 652 (R.S. 5270; June 6, 1900,
ch. 793, 31 Stat. 656).
Reference to territory of the United States and the District of
Columbia was omitted as covered by definitive section 5 of this title.
Changes were made in phraseology and arrangement.
This section (section 49) corrects typographical errors in section
3185 of title 18, U.S.C., by transferring to subdivision (3) the words,
''indebtedness, bank notes, or other instruments of public'', from
subdivision (2) of such section where they had been erroneously
included.
1986 -- Par. (12). Pub. L. 99-646 and Pub. L. 99-654 amended par.
(12) identically, substituting ''A felony under chapter 109A of this
title'' for ''Rape''.
1949 -- Pars. (2), (3). Act May 24, 1949, transferred
''indebtedness, bank notes, or other instruments of public'' from par.
(2) to par. (3).
Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective,
respectively, 30 days after Nov. 10, 1986, and 30 days after Nov. 14,
1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L.
99-654, set out as an Effective Date note under section 2241 of this
title.
Extradition of fugitives from justice, see section 3042 of this
title.
Surrender of fugitive to agent of foreign government, see section
3186 of this title.
18 USC 3186. Secretary of State to surrender fugitive
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Secretary of State may order the person committed under sections
3184 or 3185 of this title to be delivered to any authorized agent of
such foreign government, to be tried for the offense of which charged.
Such agent may hold such person in custody, and take him to the
territory of such foreign government, pursuant to such treaty.
A person so accused who escapes may be retaken in the same manner as
any person accused of any offense.
(June 25, 1948, ch. 645, 62 Stat. 824.)
Based on title 18, U.S.C., 1940 ed., 653 (R.S. 5272).
Changes were made in phraseology and surplusage was deleted.
18 USC 3187. Provisional arrest and detention within extra-territorial
jurisdiction
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisional arrest and detention of a fugitive, under sections
3042 and 3183 of this title, in advance of the presentation of formal
proofs, may be obtained by telegraph upon the request of the authority
competent to request the surrender of such fugitive addressed to the
authority competent to grant such surrender. Such request shall be
accompanied by an express statement that a warrant for the fugitive's
arrest has been issued within the jurisdiction of the authority making
such request charging the fugitive with the commission of the crime for
which his extradition is sought to be obtained.
No person shall be held in custody under telegraphic request by
virtue of this section for more than ninety days.
(June 25, 1948, ch. 645, 62 Stat. 824.)
Based on title 18, U.S.C., 1940 ed., 662d (Mar. 22, 1934, ch. 73,
3, 48 Stat. 455).
Provision for expense to be borne by the demanding authority is
incorporated in section 3195 of this title.
Changes were made in phraseology and arrangement.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 3188. Time of commitment pending extradition
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever any person who is committed for rendition to a foreign
government to remain until delivered up in pursuance of a requisition,
is not so delivered up and conveyed out of the United States within two
calendar months after such commitment, over and above the time actually
required to convey the prisoner from the jail to which he was committed,
by the readiest way, out of the United States, any judge of the United
States, or of any State, upon application made to him by or on behalf of
the person so committed, and upon proof made to him that reasonable
notice of the intention to make such application has been given to the
Secretary of State, may order the person so committed to be discharged
out of custody, unless sufficient cause is shown to such judge why such
discharge ought not to be ordered.
(June 25, 1948, ch. 645, 62 Stat. 824.)
Based on title 18, U.S.C., 1940 ed., 654 (R.S. 5273).
Changes in phraseology only were made.
18 USC 3189. Place and character of hearing
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Hearings in cases of extradition under treaty stipulation or
convention shall be held on land, publicly, and in a room or office
easily accessible to the public.
(June 25, 1948, ch. 645, 62 Stat. 824.)
Based on title 18, U.S.C., 1940 ed., 657 (Aug. 3, 1882, ch. 378, 1,
22 Stat. 215).
First word ''All'' was omitted as unnecessary.
18 USC 3190. Evidence on hearing
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Depositions, warrants, or other papers or copies thereof offered in
evidence upon the hearing of any extradition case shall be received and
admitted as evidence on such hearing for all the purposes of such
hearing if they shall be properly and legally authenticated so as to
entitle them to be received for similar purposes by the tribunals of the
foreign country from which the accused party shall have escaped, and the
certificate of the principal diplomatic or consular officer of the
United States resident in such foreign country shall be proof that the
same, so offered, are authenticated in the manner required.
(June 25, 1948, ch. 645, 62 Stat. 824.)
Based on title 18, U.S.C., 1940 ed., 655 (R.S. 5271; Aug. 3, 1882,
ch. 378, 5, 22 Stat. 216).
Unnecessary words were deleted.
18 USC 3191. Witnesses for indigent fugitives
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
On the hearing of any case under a claim of extradition by a foreign
government, upon affidavit being filed by the person charged setting
forth that there are witnesses whose evidence is material to his
defense, that he cannot safely go to trial without them, what he expects
to prove by each of them, and that he is not possessed of sufficient
means, and is actually unable to pay the fees of such witnesses, the
judge or magistrate hearing the matter may order that such witnesses be
subpenaed; and the costs incurred by the process, and the fees of
witnesses, shall be paid in the same manner as in the case of witnesses
subpenaed in behalf of the United States.
(June 25, 1948, ch. 645, 62 Stat. 825; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(3), 82 Stat. 1115.)
Based on title 18, U.S.C., 1940 ed., 656 (Aug. 3, 1882, ch. 378, 3,
22 Stat. 215).
Words ''that similar'' after ''manner'' were omitted as unnecessary.
1968 -- Pub. L. 90-578 substituted ''magistrate'' for
''commissioner''.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
Witness fees for indigent defendants, generally, see rule 17,
Appendix to this title.
18 USC 3192. Protection of accused
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever any person is delivered by any foreign government to an
agent of the United States, for the purpose of being brought within the
United States and tried for any offense of which he is duly accused, the
President shall have power to take all necessary measures for the
transportation and safekeeping of such accused person, and for his
security against lawless violence, until the final conclusion of his
trial for the offenses specified in the warrant of extradition, and
until his final discharge from custody or imprisonment for or on account
of such offenses, and for a reasonable time thereafter, and may employ
such portion of the land or naval forces of the United States, or of the
militia thereof, as may be necessary for the safe-keeping and protection
of the accused.
(June 25, 1948, ch. 645, 62 Stat. 825.)
Based on title 18, U.S.C., 1940 ed., 659 (R.S. 5275).
Words ''crimes or'' before ''offenses'' were omitted as unnecessary.
18 USC 3193. Receiving agent's authority over offenders
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A duly appointed agent to receive, in behalf of the United States,
the delivery, by a foreign government, of any person accused of crime
committed within the United States, and to convey him to the place of
his trial, shall have all the powers of a marshal of the United States,
in the several districts through which it may be necessary for him to
pass with such prisoner, so far as such power is requisite for the
prisoner's safe-keeping.
(June 25, 1948, ch. 645, 62 Stat. 825.)
Based on title 18, U.S.C., 1940 ed., 660 (R.S. 5276).
Words ''jurisdiction of the'' were omitted in view of the definition
of United States in section 5 of this title.
Minor changes only were made in phraseology.
Ex. Ord. No. 11517, Mar. 19, 1970, 35 F.R. 4937, provided:
WHEREAS the President of the United States, under section 3192 of
Title 18, United States Code, has been granted the power to take all
necessary measures for the transportation, safekeeping and security
against lawless violence of any person delivered by any foreign
government to an agent of the United States for return to the United
States for trial for any offense of which he is duly accused; and
WHEREAS fugitives from justice in the United States whose extradition
from abroad has been requested by the Government of the United States
and granted by a foreign government are to be returned in the custody of
duly appointed agents in accordance with the provisions of section 3193
of Title 18, United States Code; and
WHEREAS such duly appointed agents under the provisions of the law
mentioned above, being authorized to receive delivery of the fugitive in
behalf of the United States and to convey him to the place of his trial,
are given the powers of a marshal of the United States in the several
districts of the United States through which it may be necessary for
them to pass with such prisoner, so far as such power is requisite for
the prisoner's safekeeping; and
WHEREAS such warrants serve as a certification to the foreign
government delivering the fugitives to any other foreign country through
which such agents may pass, and to authorities in the United States of
the powers therein conferred upon the agents; and
WHEREAS it is desirable by delegation of functions heretofore
performed by the President to simplify and thereby expedite the issuance
of such warrants to agents in the interests of the prompt return of
fugitives to the United States:
NOW, THEREFORE, by virtue of the authority vested in me by section
301 of Title 3 of the United States Code, and as President of the United
States, it is ordered as follows:
Section 1. The Secretary of State is hereby designated and empowered
to issue and sign all warrants appointing agents to receive, in behalf
of the United States, the delivery in extradition by a foreign
government of any person accused of a crime committed within the United
States, and to convey such person to the place of his trial.
Sec. 2. Agents appointed in accordance with section 1 of this order
shall have all the powers conferred in respect of such agents by
applicable treaties of the United States and by section 3193 of Title
18, United States Code, or by any other provisions of United States law.
Sec. 3. Executive Order No. 10347, April 18, 1952, as amended by
Executive Order No. 11354, May 23, 1967, is further amended by deleting
numbered paragraph 4 and renumbering paragraphs 5 and 6 as paragraphs 4
and 5, respectively.
Richard Nixon.
Powers of United States marshals, see section 3053 of this title.
United States marshals generally, see section 561 et seq. of Title
28, Judiciary and Judicial Procedure.
18 USC 3194. Transportation of fugitive by receiving agent
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Any agent appointed as provided in section 3182 of this title who
receives the fugitive into his custody is empowered to transport him to
the State or Territory from which he has fled.
(June 25, 1948, ch. 645, 62 Stat. 825.)
Based on title 18, U.S.C., 1940 ed., 663 (R.S. 5279).
Last sentence of said section 663, relating to rescue of such
fugitive, was omitted as covered by section 752 of this title, the
punishment provision of which is based on later statutes. (See
reviser's note under that section.)
Minor changes were made in phraseology.
18 USC 3195. Payment of fees and costs
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
All costs or expenses incurred in any extradition proceeding in
apprehending, securing, and transmitting a fugitive shall be paid by the
demanding authority.
All witness fees and costs of every nature in cases of international
extradition, including the fees of the magistrate, shall be certified by
the judge or magistrate before whom the hearing shall take place to the
Secretary of State of the United States, and the same shall be paid out
of appropriations to defray the expenses of the judiciary or the
Department of Justice as the case may be.
The Attorney General shall certify to the Secretary of State the
amounts to be paid to the United States on account of said fees and
costs in extradition cases by the foreign government requesting the
extradition, and the Secretary of State shall cause said amounts to be
collected and transmitted to the Attorney General for deposit in the
Treasury of the United States.
(June 25, 1948, ch. 645, 62 Stat. 825; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(3), 82 Stat. 1115.)
Based on title 18, U.S.C., 1940 ed., 662, 662c, 662d, 668 (R.S.
5278; Aug. 3, 1882, ch. 378, 4, 22 Stat. 216; June 28, 1902, ch.
1301, 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, 2, 3, 48 Stat. 455).
First paragraph of this section consolidates provisions as to costs
and expenses from said sections 662, 662c, and 662d.
Minor changes were made in phraseology and surplusage was omitted.
Remaining provisions of said sections 662, 662c, and 662d of title
18, U.S.C., 1940 ed., are incorporated in sections 752, 3182, 3183, and
3187 of this title.
The words ''or the Department of Justice as the case may be'' were
added at the end of the second paragraph in conformity with the
appropriation acts of recent years. See for example act July 5, 1946,
ch. 541, title II, 60 Stat. 460.
1968 -- Pub. L. 90-578 substituted ''magistrate'' for
''commissioner'' in two places.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of a date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 3196. Extradition of United States citizens
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
If the applicable treaty or convention does not obligate the United
States to extradite its citizens to a foreign country, the Secretary of
State may, nevertheless, order the surrender to that country of a United
States citizen whose extradition has been requested by that country if
the other requirements of that treaty or convention are met.
(Added Pub. L. 101-623, 11(a), Nov. 21, 1990, 104 Stat. 3356.)
18 USC CHAPTER 211 -- JURISDICTION AND VENUE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3231. District courts.
3232. District of offense -- Rule.
3233. Transfer within district -- Rule.
3234. Change of venue to another district -- Rule.
3235. Venue in capital cases.
3236. Murder or manslaughter.
3237. Offenses begun in one district and completed in another.
3238. Offenses not committed in any district.
(3239. Repealed.)
3240. Creation of new district or division.
3241. Jurisdiction of offenses under certain sections.
3242. Indians committing certain offenses; acts on reservations.
3243. Jurisdiction of State of Kansas over offenses committed by or
against Indians on Indian reservations.
3244. Jurisdiction of proceedings relating to transferred offenders.
1984 -- Pub. L. 98-473, title II, 1204(b), Oct. 12, 1984, 98 Stat.
2152, struck out item 3239 ''Threatening communications''.
1978 -- Pub. L. 95-598, title III, 314(j)(2), Nov. 6, 1978, 92
Stat. 2678, added item 3244.
18 USC 3231. District courts
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The district courts of the United States shall have original
jurisdiction, exclusive of the courts of the States, of all offenses
against the laws of the United States.
Nothing in this title shall be held to take away or impair the
jurisdiction of the courts of the several States under the laws thereof.
(June 25, 1948, ch. 645, 62 Stat. 826.)
Based on section 588d of title 12, U.S.C., 1940 ed., Banks and
Banking; title 18, U.S.C., 1940 ed., 546, 547 (Mar. 4, 1909, ch.
321, 326, 340, 35 Stat. 1151, 1153; Mar. 3, 1911, ch. 231, 291, 36
Stat. 1167; May 18, 1934, ch. 304, 4, 48 Stat. 783).
This section was formed by combining sections 546 and 547 of title
18, U.S.C., 1940 ed., with section 588d of title 12, U.S.C., Banks and
Banking, with no change of substance.
The language of said section 588d of title 12, U.S.C., 1940 ed.,
which related to bank robbery, or killing or kidnapping as an incident
thereto (see section 2113, of this title), and which read ''Jurisdiction
over any offense defined by sections 588b and 588c of this title shall
not be reserved exclusively to courts of the United States'' was omitted
as adequately covered by this section.
The text of this section was changed by Senate amendment. See Senate
Report No. 1620, amendment No. 10, 80th Cong.
Civil jurisdiction of Federal courts, see section 1331 et seq. of
Title 28, Judiciary and Judicial Procedure.
Exclusive jurisdiction of Federal courts, see sections 1251, 1333,
1334, 1338, 1351, 1355, 1356 of Title 28.
Jurisdiction of juvenile delinquents, see section 5033 of this title.
Jurisdiction over felonies in Yellowstone National Park, see section
131 of Title 28, Judiciary and Judicial Procedure.
Refusal to appear or testify before court-martial military
commission, etc., jurisdiction of offense, see section 847 of Title 10,
Armed Forces.
Special maritime and territorial jurisdiction of the United States,
see section 7 of this title.
United States commissioners, jurisdiction to try petty offenses, see
section 3401 of this title.
Venue of civil actions, see section 1391 et seq. of Title 28,
Judiciary and Judicial Procedure.
Wire or oral communications, authorization for interception, to
provide evidence of certain Federal and State offenses, see section 2516
of this title.
18 USC 3232. District of offense -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Proceedings to be in district and division in which offense
committed, Rule 18.
(June 25, 1948, ch. 645, 62 Stat. 826.)
18 USC 3233. Transfer within district -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Arraignment, plea, trial, sentence in district of more than one
division, Rule 19.
(June 25, 1948, ch. 645, 62 Stat. 826.)
Rule 19 of the Federal Rules of Criminal Procedure, referred to in
text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
Time of motion to transfer, see rule 22, Appendix to this title.
Transfer from the district or division, see rule 21.
Districts containing more than one division; venue, see section 1441
of Title 28, Judiciary and Judicial Procedure.
18 USC 3234. Change of venue to another district -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Plea or disposal of case in district other than that in which
defendant was arrested, Rule 20.
(June 25, 1948, ch. 645, 62 Stat. 826.)
Time of motion to transfer, see rule 22, Appendix to this title.
Transfer from the district or division for trial, see rule 21.
18 USC 3235. Venue in capital cases
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The trial of offenses punishable with death shall be had in the
county where the offense was committed, where that can be done without
great inconvenience.
(June 25, 1948, ch. 645, 62 Stat. 826.)
Based on section 101 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Mar. 3, 1911, ch. 231, 40, 36 Stat. 1100).
Venue of criminal prosecutions, see rule 18 et seq., Appendix to this
title.
Change of venue in civil actions, see section 1404 of Title 28,
Judiciary and Judicial Procedure.
18 USC 3236. Murder or manslaughter
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
In all cases of murder or manslaughter, the offense shall be deemed
to have been committed at the place where the injury was inflicted, or
the poison administered or other means employed which caused the death,
without regard to the place where the death occurs.
(June 25, 1948, ch. 645, 62 Stat. 826.)
Based on title 18, U.S.C., 1940 ed., 553 (Mar. 4, 1909, ch. 321,
336, 35 Stat. 1152).
18 USC 3237. Offenses begun in one district and completed in another
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Except as otherwise expressly provided by enactment of Congress,
any offense against the United States begun in one district and
completed in another, or committed in more than one district, may be
inquired of and prosecuted in any district in which such offense was
begun, continued, or completed.
Any offense involving the use of the mails, transportation in
interstate or foreign commerce, or the importation of an object or
person into the United States is a continuing offense and, except as
otherwise expressly provided by enactment of Congress, may be inquired
of and prosecuted in any district from, through, or into which such
commerce, mail matter, or imported object or person moves.
(b) Notwithstanding subsection (a), where an offense is described in
section 7203 of the Internal Revenue Code of 1986, or where venue for
prosecution of an offense described in section 7201 or 7206(1), (2), or
(5) of such Code (whether or not the offense is also described in
another provision of law) is based solely on a mailing to the Internal
Revenue Service, and prosecution is begun in a judicial district other
than the judicial district in which the defendant resides, he may upon
motion filed in the district in which the prosecution is begun, elect to
be tried in the district in which he was residing at the time the
alleged offense was committed: Provided, That the motion is filed
within twenty days after arraignment of the defendant upon indictment or
information.
(June 25, 1948, ch. 645, 62 Stat. 826; Aug. 6, 1958, Pub. L.
85-595, 72 Stat. 512; Nov. 2, 1966, Pub. L. 89-713, 2, 80 Stat. 1108;
July 18, 1984, Pub. L. 98-369, div. A, title I, 162, 98 Stat. 697;
Oct. 12, 1984, Pub. L. 98-473, title II, 1204(a), 98 Stat. 2152; Oct.
22, 1986, Pub. L. 99-514, 2, 100 Stat. 2095.)
Based on section 103 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Mar. 3, 1911, ch. 231, 42, 36 Stat. 1100).
Section was completely rewritten to clarify legislative intent and in
order to omit special venue provisions from many sections.
The phrase ''committed in more than one district'' may be
comprehensive enough to include ''begun in one district and completed in
another'', but the use of both expressions precludes any doubt as to
legislative intent.
Rules 18-22 of the Federal Rules of Criminal Procedure are in accord
with this section.
The last paragraph of the revised section was added to meet the
situation created by the decision of the Supreme Court of the United
States in United States v. Johnson, 1944, 65 S. Ct. 249, 89 L. Ed.
236, which turned on the absence of a special venue provision in the
Dentures Act, section 1821 of this revision. The revised section
removes all doubt as to the venue of continuing offenses and makes
unnecessary special venue provisions except in cases where Congress
desires to restrict the prosecution of offenses to particular districts
as in section 1073 of this revision.
Section 7203 of the Internal Revenue Code of 1986, referred to in
subsec. (b), is classified to section 7203 of Title 26, Internal
Revenue Code.
Section 7201 or 7206(1), (2), or (5) of such Code, referred to in
subsec. (b), are classified respectively to sections 7201 and 7206(1),
(2), (5) of Title 26.
1986 -- Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1984 -- Subsec. (a). Pub. L. 98-473 inserted ''or the importation of
an object or person into the United States'' and '', or imported object
or person'' in second par.
Subsec. (b). Pub. L. 98-369 substituted ''venue for prosecution of an
offense'' for ''an offense involves use of the mails and is an offense''
and inserted ''is based solely on a mailing to the Internal Revenue
Service''.
1966 -- Subsec. (b). Pub. L. 89-713 inserted reference to offenses
described in section 7203 of the Internal Revenue Code of 1954.
1958 -- Pub. L. 85-595 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 89-713 effective Nov. 2, 1966, see section 6
of Pub. L. 89-713, set out as a note under section 6091 of Title 26,
Internal Revenue Code.
Venue of criminal prosecutions, see rule 18 et seq., Appendix to this
title.
18 USC 3238. Offenses not committed in any district
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The trial of all offenses begun or committed upon the high seas, or
elsewhere out of the jurisdiction of any particular State or district,
shall be in the district in which the offender, or any one of two or
more joint offenders, is arrested or is first brought; but if such
offender or offenders are not so arrested or brought into any district,
an indictment or information may be filed in the district of the last
known residence of the offender or of any one of two or more joint
offenders, or if no such residence is known the indictment or
information may be filed in the District of Columbia.
(June 25, 1948, ch. 645, 62 Stat. 826; May 23, 1963, Pub. L. 88-27,
77 Stat. 48.)
Based on section 102 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Mar. 3, 1911, ch. 231, 41, 36 Stat. 1100).
Words ''begun or'' were inserted to clarify scope of this section and
section 3237 of this title.
This section is similar to section 219 of title 22, U.S.C., 1940 ed.,
Foreign Relations and Intercourse, providing in part that unlawful
issuance of passports may be prosecuted in the district where the
offender may be arrested or in custody. Said provision is therefore
omitted as covered by this section. The remaining provisions of said
section 219 are incorporated in section 1541 of this title.
1963 -- Pub. L. 88-27 authorized the trial of offenses not committed
in any district in the district in which the offender, or any one of two
or more joint offenders, is arrested; an indictment or information to
be filed in the district of the last known residence of the offender or
of any one of two or more joint offenders where the offender or
offenders are not arrested or brought into any district; and an
indictment or information to be filed in the District of Columbia where
there is no knowledge of the residence of the offender or of any one of
two or more joint offenders.
Offenses outside a district or State, applicability of rules to, see
rule 54, Appendix to this title.
18 USC ( 3239. Repealed. Pub. L. 98-473, title II, 1204(b), Oct. 12,
1984, 98 Stat. 2152)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 827, related to
threatening communications.
18 USC 3240. Creation of new district or division
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever any new district or division is established, or any county
or territory is transferred from one district or division to another
district or division, prosecutions for offenses committed within such
district, division, county, or territory prior to such transfer, shall
be commenced and proceeded with the same as if such new district or
division had not been created, or such county or territory had not been
transferred, unless the court, upon the application of the defendant,
shall order the case to be removed to the new district or division for
trial.
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, 50,
63 Stat. 96.)
Based on section 121 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Mar. 3, 1911, ch. 231, 59, 36 Stat. 1103).
Section 121 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary, was divided into two sections. Only the portion relating to
venue in civil cases was left in title 28, U.S.C., 1940 ed., Judicial
Code and Judiciary.
Minor changes of phraseology were made.
This section (section 50) strikes the second sentence of section 3240
of title 18, U.S.C., as unnecessary. Section ''119'' of title 28,
U.S.C., referred to in such sentence, became section 1404 of title 28
upon its revision and enactment into positive law in 1948, but reference
to the latter, in said section 3240 of title 18, U.S.C., is surplusage
in view of rule 19 et seq. of the Federal Rules of Criminal Procedure
and the remainder of such section 3240.
1949 -- Act May 24, 1949, struck out ''The transfer of such
prosecutions shall be made in the manner provided in section 119 of
Title 28''.
Venue of criminal prosecutions, see rule 18 et seq., Appendix to this
title.
18 USC 3241. Jurisdiction of offenses under certain sections
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The United States District Court for the Canal Zone and the District
Court of the Virgin Islands shall have jurisdiction of offenses under
the laws of the United States, not locally inapplicable, committed
within the territorial jurisdiction of such courts, and jurisdiction,
concurrently with the district courts of the United States, of offenses
against the laws of the United States committed upon the high seas.
(June 25, 1948, ch. 645, 62 Stat. 827; July 7, 1958, Pub. L.
85-508, 12(i), 72 Stat. 348.)
Based on title 18, U.S.C., 1940 ed., 39, 574; sections 23, 101,
1406 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions;
section 39 of title 50, U.S.C., 1940 ed., War and National Defense
(June 6, 1900, ch. 786, 4, 31 Stat. 322; Aug. 24, 1912, ch. 387, 3,
37 Stat. 512; June 15, 1917, ch. 30, title XIII, 2, 40 Stat. 231;
Mar. 2, 1921, ch. 110, 41 Stat. 1203; June 22, 1936, ch. 699, 28, 49
Stat. 1814).
Section consolidates portions of sections 39 and 574 of title 18,
U.S.C., 1940 ed., with jurisdictional provisions of sections 23, 101,
and 1406 of title 48, U.S.C., 1940 ed., and section 39 of title 50
U.S.C., 1940 ed., with changes of phraseology necessary to effect
consolidation.
The revised section simplifies and clarifies the Federal jurisdiction
of the district courts of the Territories and Possessions. The
enumeration of sections in section 574 of title 18, U.S.C., 1940 ed.,
was omitted as incomplete and misleading and the general language of the
revised section was made applicable to the Canal Zone.
The phrase ''the several courts of the first instance in the
Philippine Islands'' in section 574 of title 18, U.S.C., 1940 ed., was
omitted as obsolete in view of the independence of the Commonwealth of
the Philippines effective July 4, 1946.
The last sentence of section 574 of title 18, U.S.C., 1940 ed., with
reference to the powers of district attorneys was omitted as unnecessary
and otherwise covered by sections 403 and 404 of title 22, U.S.C., 1940
ed., Foreign Relations and Intercourse.
Definition of United States in section 39 of title 18, U.S.C., 1940
ed., is incorporated in section 5 of this title.
1958 -- Pub. L. 85-508 struck out provisions which related to the
District Court for the Territory of Alaska. See section 81A of Title
28, Judiciary and Judicial Procedure, which establishes a United States
District Court for the State of Alaska.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of Title 28, Judiciary and
Judicial Procedure, and preceding former section 21 of Title 48,
Territories and Insular Possessions.
For termination of the United States District Court for the District
of the Canal Zone at end of the ''transition period'', being the 30
month period beginning Oct. 1, 1979, and ending midnight Mar. 31,
1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977
and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and
Intercourse.
Application of rules, see note by Advisory Committee under rule 54,
Appendix to this title.
District Court of the Virgin Islands, see section 1611 et seq. of
Title 48, Territories and Insular Possessions.
18 USC 3242. Indians committing certain offenses; acts on
reservations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
All Indians committing any offense listed in the first paragraph of
and punishable under section 1153 (relating to offenses committed within
Indian country) of this title shall be tried in the same courts and in
the same manner as are all other persons committing such offense within
the exclusive jurisdiction of the United States.
(June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, 51,
63 Stat. 96; Nov. 2, 1966, Pub. L. 89-707, 2, 80 Stat. 1101; May 29,
1976, Pub. L. 94-297, 4, 90 Stat. 586.)
Based on title 18, U.S.C., 1940 ed., 548 (Mar. 4, 1909, ch. 321,
328, 35 Stat. 1151; June 1932, ch. 284, 47 Stat. 337).
The provisions defining rape in accordance with the law of the State
and prescribing imprisonment at the discretion of the court for rape by
an Indian upon an Indian are now included in section 1153 of this title.
(See also section 6 of this title.)
Section 549 of said title 18, relating to crimes in Indian
reservations in South Dakota, was omitted as covered by section 1153 of
this title. Accordingly the last sentence of said section 548,
extending this section to prosecutions of Indians in South Dakota, was
also omitted as unnecessary because this section is sufficient and
applicable. Other provisions of said section 548 are incorporated in
sections 1151 and 1153 of this title.
Minor changes were made in phraseology.
This section (section 51) conforms section 3242 of title 18, U.S.C.,
with sections 1151 and 1153 of such title, thus eliminating
inconsistency and ambiguity with respect to the definition of Indian
country.
1976 -- Pub. L. 94-297 substituted provision setting out reference
to offenses listed in first paragraph of and punishable under section
1153 of this title, for provision specifically enumerating the covered
offenses.
1966 -- Pub. L. 89-707 added carnal knowledge and assault with
intent to commit rape as offenses cognizable within the exclusive
jurisdiction of the United States when committed on and within the
Indian country.
1949 -- Act May 24, 1949, substituted ''within the Indian country''
for ''within any Indian reservation, including rights-of-way running
through the reservation,''.
Offenses committed within Indian country, see section 1153 of this
title.
18 USC 3243. Jurisdiction of State of Kansas over offenses committed
by or against Indians on Indian reservations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Jurisdiction is conferred on the State of Kansas over offenses
committed by or against Indians on Indian reservations, including trust
or restricted allotments, within the State of Kansas, to the same extent
as its courts have jurisdiction over offenses committed elsewhere within
the State in accordance with the laws of the State.
This section shall not deprive the courts of the United States of
jurisdiction over offenses defined by the laws of the United States
committed by or against Indians on Indian reservations.
(June 25, 1948, ch. 645, 62 Stat. 827.)
Based on section 217a of title 25, U.S.C., 1940 ed., Indians (June 8,
1940, ch. 276, 54 Stat. 249).
The attention of Congress is directed to consideration of the
question whether this section should be broadened and made applicable to
all states rather than only to Kansas. Such change was not regarded as
within the scope of this revision.
Changes were made in phraseology.
Offenses committed within Indian country, see section 1153 of this
title.
18 USC 3244. Jurisdiction of proceedings relating to transferred
offenders
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
When a treaty is in effect between the United States and a foreign
country providing for the transfer of convicted offenders --
(1) the country in which the offender was convicted shall have
exclusive jurisdiction and competence over proceedings seeking to
challenge, modify, or set aside convictions or sentences handed down by
a court of such country;
(2) all proceedings instituted by or on behalf of an offender
transferred from the United States to a foreign country seeking to
challenge, modify, or set aside the conviction or sentence upon which
the transfer was based shall be brought in the court which would have
jurisdiction and competence if the offender had not been transferred;
(3) all proceedings instituted by or on behalf of an offender
transferred to the United States pertaining to the manner of execution
in the United States of the sentence imposed by a foreign court shall be
brought in the United States district court for the district in which
the offender is confined or in which supervision is exercised and shall
name the Attorney General and the official having immediate custody or
exercising immediate supervision of the offender as respondents. The
Attorney General shall defend against such proceedings;
(4) all proceedings instituted by or on behalf of an offender seeking
to challenge the validity or legality of the offender's transfer from
the United States shall be brought in the United States district court
of the district in which the proceedings to determine the validity of
the offender's consent were held and shall name the Attorney General as
respondent; and
(5) all proceedings instituted by or on behalf of an offender seeking
to challenge the validity or legality of the offender's transfer to the
United States shall be brought in the United States district court of
the district in which the offender is confined or of the district in
which supervision is exercised and shall name the Attorney General and
the official having immediate custody or exercising immediate
supervision of the offender as respondents. The Attorney General shall
defend against such proceedings.
(Added Pub. L. 95-144, 3, Oct. 28, 1977, 91 Stat. 1220, title 28,
2256; renumbered Pub. L. 95-598, title III, 314(j)(1), Nov. 6, 1978,
92 Stat. 2677.)
Section was formerly classified to section 2256 of Title 28,
Judiciary and Judicial Procedure.
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 ( 151 et seq.), chapter 96 ( 1961 et seq.), or
section 2516, 3057, or 3284 of this title to any act of any person (1)
committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in
connection with a case commenced before such date, see section 403(d) of
Pub. L. 95-598, set out as a note preceding section 101 of Title 11,
Bankruptcy.
18 USC CHAPTER 213 -- LIMITATIONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3281. Capital offenses.
3282. Offenses not capital.
3283. Customs and slave trade violations.
3284. Concealment of bankrupt's assets.
3285. Criminal contempt.
(3286. Repealed.)
3287. Wartime suspension of limitations.
3288. Indictments and information dismissed after period of
limitations.
3289. Indictments and information dismissed before period of
limitations.
3290. Fugitives from justice.
3291. Nationality, citizenship and passports.
3292. Suspension of limitations to permit United States to obtain
foreign evidence.
3293. Financial institution offenses.
1990 -- Pub. L. 101-647, title XII, 1207(b), Nov. 29, 1990, 104
Stat. 4832, struck out item 3286 ''Seduction on vessel of United
States''.
1989 -- Pub. L. 101-73, title IX, 961(l)(2), Aug. 9, 1989, 103
Stat. 501, added item 3293.
1988 -- Pub. L. 100-690, title VII, 7081(c), Nov. 18, 1988, 102
Stat. 4407, substituted ''Indictments and information dismissed after
period of limitations'' for ''Reindictment where defect found after
period of limitations'' in item 3288 and ''Indictments and information
dismissed before period of limitations'' for ''Reindictment where defect
found before period of limitations'' in item 3289.
1984 -- Pub. L. 98-473, title II, 1218(b), Oct. 12, 1984, 98 Stat.
2167, added item 3292.
1951 -- Act June 30, 1951, ch. 194, 2, 65 Stat. 107, added item
3291.
18 USC 3281. Capital offenses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
An indictment for any offense punishable by death may be found at any
time without limitation except for offenses barred by the provisions of
law existing on August 4, 1939.
(June 25, 1948, ch. 645, 62 Stat. 827.)
Based on title 18, U.S.C., 1940 ed., 581a, 581b (Aug. 4, 1939, ch.
419, 1, 2, 53 Stat. 1198).
Sections 581a and 581b of title 18, U.S.C., 1940 ed., were
consolidated into this section without change of substance.
Fugitives from justice, no limitations applicable, see section 3290
of this title.
18 USC 3282. Offenses not capital
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Except as otherwise expressly provided by law, no person shall be
prosecuted, tried, or punished for any offense, not capital, unless the
indictment is found or the information is instituted within five years
next after such offense shall have been committed.
(June 25, 1948, ch. 645, 62 Stat. 828; Sept. 1, 1954, ch. 1214,
12(a), formerly 10(a), 68 Stat. 1145; renumbered Sept. 26, 1961, Pub.
L. 87-299, 1, 75 Stat. 648.)
Based on section 746(g) of title 8, U.S.C., 1940 ed., Aliens and
Nationality, and on title 18, U.S.C., 1940 ed., 582 (R.S. 1044; Apr.
13, 1876, ch. 56, 19 Stat. 32; Nov. 17, 1921, ch. 124, 1, 42 Stat.
220; Dec. 27, 1927, ch. 6, 45 Stat. 51; Oct. 14, 1940, ch. 876, title
I, subchap. III, 346(g), 54 Stat. 1167).
Section 582 of title 18, U.S.C., 1940 ed., and section 746(g) of
title 8, U.S.C., 1940 ed., Aliens and Nationality, were consolidated.
''Except as otherwise expressly provided by law'' was inserted to avoid
enumeration of exceptive provisions.
The proviso contained in the act of 1927 ''That nothing herein
contained shall apply to any offense for which an indictment has been
heretofore found or an information instituted, or to any proceedings
under any such indictment or information,'' was omitted as no longer
necessary.
In the consolidation of these sections the 5-year period of
limitation for violations of the Nationality Code, provided for in said
section 746(g) of title 8, U.S.C., 1940 ed., Aliens and Nationality, is
reduced to 3 years. There seemed no sound basis for considering 3 years
adequate in the case of heinous felonies and gross frauds against the
United States but inadequate for misuse of a passport or false statement
to a naturalization examiner.
1954 -- Act Sept. 1, 1954, changed the limitation period from three
years to five years.
Section 12(b) of act Sept. 1, 1954, formerly section 10(b), as
renumbered by Pub. L. 87-299, 1, provided that: ''The amendment made
by subsection (a) (amending this section) shall be effective with
respect to offenses (1) committed on or after September 1, 1954, or (2)
committed prior to such date, if on such date prosecution therefor is
not barred by provisions of law in effect prior to such date.''
Statutes of limitations as not extending to persons fleeing from
justice, see section 3290 of this title.
Limitation period in connection with offenses against internal
security, see section 783 of Title 50, War and National Defense.
Period
Limitation period in connection with sections 792, 793, and 794 of
this title, see note set out under section 792.
Limitation periods not affected by procedure governing pleadings and
motions, see rule 12, Appendix to this title.
Motion raising defenses, see rule 12.
Pleas, demurrers, and motions to quash abolished, see rule 12.
Antitrust law violations, suspension of limitation periods, see
section 16 note of Title 15, Commerce and Trade.
Concealment of bankrupt's assets as continuing offense, see section
3284 of this title.
Offenses arising under --
Bankruptcy laws, see section 151 et seq. of this title.
Copyright laws, see section 507 of Title 17, Copyrights.
Internal revenue laws, see section 6531 of Title 26, Internal Revenue
Code.
Wartime suspension of limitations, see section 3287 of this title.
18 USC 3283. Customs and slave trade violations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No person shall be prosecuted, tried or punished for any violation of
the customs laws or the slave trade laws of the United States unless the
indictment is found or the information is instituted within five years
next after the commission of the offense.
(June 25, 1948, ch. 645, 62 Stat. 828.)
Based on title 18, U.S.C., 1940 ed., 584 (R.S. 1046; July 5, 1884,
ch. 225, 2, 23 Stat. 122).
Words ''customs laws'' were substituted for ''revenue laws,'' since
different limitations are provided for internal revenue violations by
section 3748 of title 26, U.S.C., 1940 ed., Internal Revenue Code.
This section was held to apply to offenses under the customs laws.
Those offenses are within the term ''revenue laws'' but not within the
term ''internal revenue laws''. United States v. Hirsch (1879, 100
U.S. 33, 25 L. Ed. 539), United States v. Shorey (1869, Fed. Cas. No.
16,282), and United States v. Platt (1840, Fed. Cas. No. 16,054a)
applied this section in customs cases. Hence it appears that there was
no proper basis for the complete elimination from section 584 of title
18, U.S.C., 1940 ed., of the reference to revenue laws.
Meaning of ''revenue laws''. United States v. Norton (1876, 91 U.S.
566, 23 L.Ed. 454), quoting Webster that ''revenue'' refers to ''The
income of a nation, derived from its taxes, duties, or other sources,
for the payment of the national expenses.'' Quoting United States v.
Mayo (1813, Fed. Cas. No. 15,755) that ''revenue laws'' meant such laws
''as are made for the direct and avowed purpose of creating revenue or
public funds for the service of the Government.''
Definition of revenue. ''Revenue'' is the income of a State, and the
revenue of the Post Office Department, being raised by a tax on mailable
matter conveyed in the mail, and which is disbursed in the public
service, is as much a part of the income of the government as moneys
collected for duties on imports (United States v. Bromley, 53 U.S. 88,
99, 13 L. Ed. 905).
''Revenue'' is the product or fruit of taxation. It matters not in
what form the power of taxation may be exercised or to what subjects it
may be applied, its exercise is intended to provide means for the
support of the Government, and the means provided are necessarily to be
regarded as the internal revenue. Duties upon imports are imposed for
the same general object and, because they are so imposed, the money thus
produced is considered revenue, not because it is derived from any
particular source (United States v. Wright, 1870, Fed. Cas. No. 16,770).
''Revenue law'' is defined as a law for direct object of imposing and
collecting taxes, dues, imports, and excises for government and its
purposes (In re Mendenhall, D.C. Mont. 1935, 10 F. Supp. 122).
Act Cong. March 2, 1799, ch. 22, 1 Stat. 627, regulating the
collection of duties on imports, is a revenue law, within the meaning of
act Cong. April 18, 1818, ch. 70, 3 Stat. 433, providing for the mode
of suing for and recovering penalties and forfeitures for violations of
the revenue laws of the United States (The Abigail, 1824, Fed. Cas. No.
18).
Changes were made in phraseology.
The customs laws of the United States, referred to in text, are
classified generally to Title 19, Customs Duties.
Customs offenses, see section 541 et seq. of this title.
Limitations for offenses under internal revenue laws generally, see
section 6531 of Title 26, Internal Revenue Code.
Slave trade offenses, see section 1582 et seq. of this title.
18 USC 3284. Concealment of bankrupt's assets
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The concealment of assets of a debtor in a case under title 11 shall
be deemed to be a continuing offense until the debtor shall have been
finally discharged or a discharge denied, and the period of limitations
shall not begin to run until such final discharge or denial of
discharge.
(June 25, 1948, ch. 645, 62 Stat. 828; Nov. 6, 1978, Pub. L.
95-598, title III, 314(k), 92 Stat. 2678.)
Based on section 52(d) of title 11, U.S.C., 1940 ed., Bankruptcy (May
27, 1926, ch. 406, 11d, 44 Stat. 665; June 22, 1938, ch. 575, 1, 52
Stat. 856).
The 3-year-limitation provision was omitted as unnecessary in view of
the general statute, section 3282 of this title.
The words ''or a discharge denied'' and ''or denial of discharge''
were added on the recommendation of the Department of Justice to supply
an omission in existing law.
Other subsections of said section 52 of title 11, U.S.C., 1940 ed.,
are incorporated in sections 151-154 and 3057 of this title.
Other minor changes of phraseology were made.
1978 -- Pub. L. 95-598 substituted ''debtor in a case under title
11'' for ''bankrupt or other debtor''.
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 ( 151 et seq.), chapter 96 ( 1961 et seq.), or
section 2516, 3057, or 3284 of this title to any act of any person (1)
committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in
connection with a case commenced before such date, see section 403(d) of
Pub. L. 95-598, set out as a note preceding section 101 of Title 11,
Bankruptcy.
Bankruptcy investigations, see section 3057 of this title.
Five year limitation on offenses relating to bankruptcy, see section
3282 of this title.
Offenses relating to bankruptcy, see section 151 et seq. of this
title.
18 USC 3285. Criminal contempt
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No proceeding for criminal contempt within section 402 of this title
shall be instituted against any person, corporation or association
unless begun within one year from the date of the act complained of;
nor shall any such proceeding be a bar to any criminal prosecution for
the same act.
(June 25, 1948, ch. 645, 62 Stat. 828.)
Based on section 390 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Oct. 15, 1914, ch. 323, 25, 38 Stat. 740).
Word ''criminal'' was inserted before ''contempt'' in first line.
Words ''within section 402 of this title'' were inserted after
''contempt''.
The correct meaning and narrow application of title 28, U.S.C., 1940
ed., 390, are preserved, as section 389 of that title is incorporated
in sections 402 and 3691 of this title.
Words ''corporation or association'' were inserted after ''person'',
thus embodying applicable definition of section 390a of title 28,
U.S.C., 1940 ed. (See reviser's note under section 402 of this title.)
Criminal contempt procedure, see rule 42, Appendix to this title.
Criminal contempts constituting criminal offenses, see section 402 of
this title.
Insurance business, application of section to, see sections 1011 to
1015 of Title 15, Commerce and Trade.
18 USC ( 3286. Repealed. Pub. L. 101-647, title XII, 1207(b), Nov.
29, 1990, 104 Stat. 4832)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, act June 25, 1948, ch. 645, 62 Stat. 828, related to
seduction on vessel of United States.
Based on title 18, U.S.C., 1940 ed., 460 (Mar. 4, 1909, ch. 321,
281, 35 Stat. 1144).
Section 460 of title 18, U.S.C., 1940 ed., was incorporated in this
section and sections 2198 and 3614 of this title. Minor changes in
phraseology only were made in this section.
Reference to the filing of an information was inserted in view of
rule 7 of the Federal Rules of Criminal Procedure.
18 USC 3287. Wartime suspension of limitations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
When the United States is at war the running of any statute of
limitations applicable to any offense (1) involving fraud or attempted
fraud against the United States or any agency thereof in any manner,
whether by conspiracy or not, or (2) committed in connection with the
acquisition, care, handling, custody, control or disposition of any real
or personal property of the United States, or (3) committed in
connection with the negotiation, procurement, award, performance,
payment for, interim financing, cancelation, or other termination or
settlement, of any contract, subcontract, or purchase order which is
connected with or related to the prosecution of the war, or with any
disposition of termination inventory by any war contractor or Government
agency, shall be suspended until three years after the termination of
hostilities as proclaimed by the President or by a concurrent resolution
of Congress.
Definitions of terms in section 103 of title 41 shall apply to
similar terms used in this section.
(June 25, 1948, ch. 645, 62 Stat. 828.)
Based on title 18, U.S.C., 1940 ed., 590a (Aug. 24, 1942, ch. 555,
1, 56 Stat. 747; July 1, 1944, ch. 358, 19(b), 58 Stat. 667; Oct. 3,
1944, ch. 479, 28, 58 Stat. 781).
The phrase ''when the United States is at war'' was inserted at the
beginning of this section to make it permanent instead of temporary
legislation, and to obviate the necessity of reenacting such legislation
in the future. This permitted the elimination of references to dates
and to the provision limiting the application of the section to
transactions not yet fully barred. When the provisions of the War
Contract Settlements Act of 1944, upon which this section is based, are
considered in connection with said section 590a which it amends, it is
obvious that no purpose can be served now by the provisions omitted.
Phrase (2), reading ''or committed in connection with the
acquisition, care, handling, custody, control or disposition of any real
or personal property of the United States'' was derived from section 28
of the Surplus Property Act of 1944 which amended said section 590a of
title 18, U.S.C., 1940 ed. This act is temporary by its terms and
relates only to offenses committed in the disposition of surplus
property thereunder.
The revised section extends its provisions to all offenses involving
the disposition of any property, real or personal, of the United States.
This extension is more apparent than real since phrase (2), added as
the result of said Act, was merely a more specific statement of offenses
embraced in phrase (1) of this section.
The revised section is written in general terms as permanent
legislation applicable whenever the United States is at war. (See,
also, reviser's note under section 284 of this title.)
The last paragraph was added to obviate any possibility of doubt as
to meaning of terms defined in section 103 of title 41, U.S.C., 1940
ed., Public Contracts.
Changes were made in phraseology.
Termination of war contracts, see section 101 et seq. of Title 41,
Public Contracts.
18 USC 3288. Indictments and information dismissed after period of
limitations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever an indictment or information charging a felony is dismissed
for any reason after the period prescribed by the applicable statute of
limitations has expired, a new indictment may be returned in the
appropriate jurisdiction within six calendar months of the date of the
dismissal of the indictment or information, or, in the event of an
appeal, within 60 days of the date the dismissal of the indictment or
information becomes final, or, if no regular grand jury is in session in
the appropriate jurisdiction when the indictment or information is
dismissed, within six calendar months of the date when the next regular
grand jury is convened, which new indictment shall not be barred by any
statute of limitations. This section does not permit the filing of a
new indictment or information where the reason for the dismissal was the
failure to file the indictment or information within the period
prescribed by the applicable statute of limitations, or some other
reason that would bar a new prosecution.
(June 25, 1948, ch. 645, 62 Stat. 828; Oct. 16, 1963, Pub. L.
88-139, 2, 77 Stat. 248; Aug. 30, 1964, Pub. L. 88-520, 1, 78 Stat.
699; Nov. 18, 1988, Pub. L. 100-690, title VII, 7081(a), 102 Stat.
4407.)
Based on title 18, U.S.C., 1940 ed., 556a, 587, 589 (Apr. 30, 1934,
ch. 170, 1, 48 Stat. 648; May 10, 1934, ch. 278, 1, 3, 48 Stat. 772;
July 10, 1940, ch. 567, 54 Stat. 747).
This section is a consolidation of sections 556a, 587, and 589 of
title 18, U.S.C., 1940 ed., without change of substance. (See reviser's
note under section 3289 of this title.)
1988 -- Pub. L. 100-690, in section catchline, substituted
''Indictments and information dismissed after period of limitations''
for ''Indictment where defect found after period of limitations'', and
in text, substituted ''Whenever an indictment or information charging a
felony is dismissed for any reason'' for ''Whenever an indictment is
dismissed for any error, defect, or irregularity with respect to the
grand jury, or an indictment or information filed after the defendant
waives in open court prosecution by indictment is found otherwise
defective or insufficient for any cause,'', inserted '', or, in the
event of an appeal, within 60 days of the date the dismissal of the
indictment or information becomes final'' after ''dismissal of the
indictment or information'', and inserted provisions which prohibited
filing of new indictment or information where reason for dismissal was
failure to file within period prescribed or some other reason that would
bar a new prosecution.
1964 -- Pub. L. 88-520 substituted ''Indictment'' for
''Reindictment'' in section catchline, included indictments or
informations filed after the defendant waives in open court prosecution
by indictment which are dismissed for any error, defect, or
irregularity, or are otherwise found defective or insufficient, and
substituted provisions authorizing the return of a new indictment in the
appropriate jurisdiction within six calendar months of the date of the
dismissal of the indictment or information, or, if no regular grand jury
is in session when the indictment or information is dismissed, within
six calendar months of the date when the next grand jury is convened,
for provisions which authorized the return of a new indictment not later
than the end of the next succeeding regular session of the court,
following the session at which the indictment was found defective or
insufficient, during which a grand jury shall be in session.
1963 -- Pub. L. 88-139 substituted ''session'' for ''term'' wherever
appearing.
Limitation periods not affected by procedure governing pleadings and
motions, see rule 12, Appendix to this title.
Motion to dismiss indictment on objections to grand jury, see rule 6.
Indictment before limitations, see section 3289 of this title.
Limitations for non-capital offenses, see section 3282 of this title.
18 USC 3289. Indictments and information dismissed before period of
limitations
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whenever an indictment or information charging a felony is dismissed
for any reason before the period prescribed by the applicable statute of
limitations has expired, and such period will expire within six calendar
months of the date of the dismissal of the indictment or information, a
new indictment may be returned in the appropriate jurisdiction within
six calendar months of the expiration of the applicable statute of
limitations, or, in the event of an appeal, within 60 days of the date
the dismissal of the indictment or information becomes final, or, if no
regular grand jury is in session in the appropriate jurisdiction at the
expiration of the applicable statute of limitations, within six calendar
months of the date when the next regular grand jury is convened, which
new indictment shall not be barred by any statute of limitations. This
section does not permit the filing of a new indictment or information
where the reason for the dismissal was the failure to file the
indictment or information within the period prescribed by the applicable
statute of limitations, or some other reason that would bar a new
prosecution.
(June 25, 1948, ch. 645, 62 Stat. 829; Oct. 16, 1963, Pub. L.
88-139, 2, 77 Stat. 248; Aug. 30, 1964, Pub. L. 88-520, 2, 78 Stat.
699; Nov. 18, 1988, Pub. L. 100-690, title VII, 7081(b), 102 Stat.
4407; Nov. 29, 1990, Pub. L. 101-647, title XII, 1213, title XXV,
2595(b), title XXXV, 3580, 104 Stat. 4833, 4907, 4929.)
Based on title 18, U.S.C., 1940 ed., 556a, 588, 589 (Apr. 30, 1934,
ch. 170, 1, 48 Stat. 648; May 10, 1934, ch. 278, 2, 3, 48 Stat.
772).
Consolidation of sections 556a, 588, and 589 of title 18, U.S.C.,
1940 ed., without change of substance. The provisions of said section
556a, with reference to time of filing motion, were omitted and numerous
changes of phraseology were necessary to effect consolidation,
particularly in view of rules 6(b) and 12(b)(2), (3), (5) of the Federal
Rules of Criminal Procedure.
Words ''regular or special'' were omitted and ''regular'' inserted
after ''succeeding'' to harmonize with section 3288 of this title.
1990 -- Pub. L. 101-647, 3580, inserted a comma after
''information'' the second place it appeared.
Pub. L. 101-647, 1213, 2595(b), which directed similar amendments
by striking out ''or, in the event of an appeal, within 60 days of the
date the dismissal of the indictment or information becomes final,''
after ''the date of the dismissal of the indictment or information'',
and in the case of 1213, directed that the stricken language be
inserted after ''within six months of the expiration of the statute of
limitations,'' and in the case of 2595(b), directed that the stricken
language be inserted after ''expiration of the applicable statute of
limitations,'' was executed by striking out the language as directed and
inserting it after ''within six calendar months of the expiration of the
applicable statute of limitations,'' to reflect the probable intent of
Congress.
1988 -- Pub. L. 100-690 in section catchline substituted
''Indictments and information dismissed after period of limitations''
for ''Indictment where defect found before period of limitations'', and
in text, substituted ''Whenever an indictment or information charging a
felony is dismissed for any reason'' for ''Whenever an indictment is
dismissed for any error, defect, or irregularity with respect to the
grand jury, or an indictment or information filed after the defendant
waives in open court prosecution by indictment is found otherwise
defective or insufficient for any cause,'', inserted ''or, in the event
of an appeal, within 60 days of the date the dismissal of the indictment
or information becomes final'' after ''dismissal of the indictment or
information'', and inserted provisions which prohibited filing of new
indictment or information where reason for dismissal was failure to file
within period prescribed or some other reason that would bar a new
prosecution.
1964 -- Pub. L. 88-520 substituted ''Indictment'' for
''Reindictment'' in section catchline, included indictments or
informations filed after the defendant waives in open court prosecution
by indictment which are dismissed for any error, defect, or
irregularity, or are otherwise found defective or insufficient, and
substituted provisions authorizing, where the period of the statute of
limitations will expire within six calendar months of the date of the
dismissal, the return of a new indictment within six calendar months of
the expiration of the applicable statute of limitations, or, if no
regular grand jury is in session at the expiration of the applicable
statute of limitations, within six calendar months of the date when the
next regular grand jury is convened, for provisions which authorized,
where the period of the statute of limitations will expire before the
end of the next regular session of the court to which such indictment
was returned, the return of a new indictment not later than the end of
the next succeeding regular session of the court following the session
at which the indictment was found defective or insufficient, during
which a grand jury shall be in session.
1963 -- Pub. L. 88-139 substituted ''session'' for ''term'' wherever
appearing.
Limitation periods not affected by procedure governing pleadings and
motions, see rule 12, Appendix to this title.
Motion to dismiss indictment on objection to grand jury, see rule 6.
Indictment after limitations, see section 3288 of this title.
Limitation for non-capital offenses, see section 3282 of this title.
18 USC 3290. Fugitives from justice
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No statute of limitations shall extend to any person fleeing from
justice.
(June 25, 1948, ch. 645, 62 Stat. 829.)
Based on Title 18, U.S.C., 1940 ed., 583 (R.S. 1045).
Said section 583 was rephrased and made applicable to all statutes of
limitation and is merely declaratory of the generally accepted rule of
law.
Absence from district as tolling limitation for prosecution for
internal revenue violations, see section 6531 of Title 26, Internal
Revenue Code.
18 USC 3291. Nationality, citizenship and passports
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No person shall be prosecuted, tried, or punished for violation of
any provision of sections 1423 to 1428, inclusive, of chapter 69 and
sections 1541 to 1544, inclusive, of chapter 75 of title 18 of the
United States Code, or for conspiracy to violate any of the
afore-mentioned sections, unless the indictment is found or the
information is instituted within ten years after the commission of the
offense.
(Added June 30, 1951, ch. 194, 1, 65 Stat. 107.)
18 USC 3292. Suspension of limitations to permit United States to
obtain foreign evidence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) Upon application of the United States, filed before return of
an indictment, indicating that evidence of an offense is in a foreign
country, the district court before which a grand jury is impaneled to
investigate the offense shall suspend the running of the statute of
limitations for the offense if the court finds by a preponderance of the
evidence that an official request has been made for such evidence and
that it reasonably appears, or reasonably appeared at the time the
request was made, that such evidence is, or was, in such foreign
country.
(2) The court shall rule upon such application not later than thirty
days after the filing of the application.
(b) Except as provided in subsection (c) of this section, a period of
suspension under this section shall begin on the date on which the
official request is made and end on the date on which the foreign court
or authority takes final action on the request.
(c) The total of all periods of suspension under this section with
respect to an offense --
(1) shall not exceed three years; and
(2) shall not extend a period within which a criminal case must be
initiated for more than six months if all foreign authorities take final
action before such period would expire without regard to this section.
(d) As used in this section, the term ''official request'' means a
letter rogatory, a request under a treaty or convention, or any other
request for evidence made by a court of the United States or an
authority of the United States having criminal law enforcement
responsibility, to a court or other authority of a foreign country.
(Added Pub. L. 98-473, title II, 1218(a), Oct. 12, 1984, 98 Stat.
2167.)
Section effective 30 days after Oct. 12, 1984, see section 1220 of
Pub. L. 98-473, set out as a note under section 3505 of this title.
18 USC 3293. Financial institution offenses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No person shall be prosecuted, tried, or punished for a violation of,
or a conspiracy to violate --
(1) section 215, 656, 657, 1005, 1006, 1007, 1008, /1/ 1014, or 1344;
(2) section 1341 or 1343, if the offense affects a financial
institution; or
(3) section 1963, to the extent that the racketeering activity
involves a violation of section 1344;
unless the indictment is returned or the information is filed within
10 years after the commission of the offense.
(Added Pub. L. 101-73, title IX, 961(l)(1), Aug. 9, 1989, 103 Stat.
501; amended Pub. L. 101-647, title XXV, 2505(a), Nov. 29, 1990, 104
Stat. 4862.)
Section 1008 of this title, referred to in par. (1), was repealed by
Pub. L. 101-73, title IX, 961(g)(1), Aug. 9, 1989, 103 Stat. 500.
1990 -- Par. (3). Pub. L. 101-647 added par. (3).
Section 2505(b) of Pub. L. 101-647 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to any
offense committed before the date of the enactment of this section (Nov.
29, 1990), if the statute of limitations applicable to that offense had
not run as of such date.''
Section 961(l)(3) of Pub. L. 101-73 provided that: ''The amendments
made by this subsection (enacting this section) shall apply to an
offense committed before the effective date of this section (Aug. 9,
1989), if the statute of limitations applicable to that offense under
this chapter had not run as of such date.''
/1/ See References in Text note below.
18 USC CHAPTER 215 -- GRAND JURY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3321. Number of grand jurors; summoning additional jurors.
3322. Disclosure of certain matters occurring before grand jury.
(3323 to 3328. Repealed.)
1989 -- Pub. L. 101-73, title IX, 964(b), Aug. 9, 1989, 103 Stat.
506, added item 3322 ''Disclosure of certain matters occurring before
grand jury'' and struck out former items 3322 ''Number; summoning --
Rule'', 3323 ''Objections and motions -- Rule'', 3324 ''Foreman and
deputy; powers and duties; records -- Rule'', 3325 ''Persons present
at proceedings -- Rule'', 3326 ''Secrecy of proceedings and disclosure
-- Rule'', 3327 ''Indictment; finding and return -- Rule'', and 3328
''Discharging jury and excusing juror -- Rule''.
18 USC 3321. Number of grand jurors; summoning additional jurors
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Every grand jury impaneled before any district court shall consist of
not less than sixteen nor more than twenty-three persons. If less than
sixteen of the persons summoned attend, they shall be placed on the
grand jury, and the court shall order the marshal to summon, either
immediately or for a day fixed, from the body of the district, and not
from the bystanders, a sufficient number of persons to complete the
grand jury. Whenever a challenge to a grand juror is allowed, and there
are not in attendance other jurors sufficient to complete the grand
jury, the court shall make a like order to the marshal to summon a
sufficient number of persons for that purpose.
(June 25, 1948, ch. 645, 62 Stat. 829.)
Based on section 419 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary (Mar. 3, 1911, ch. 231, 282, 36 Stat. 1165).
The provisions of the first sentence are embodied in rule 6(a) of the
Federal Rules of Criminal Procedure, but it has been retained because of
its relation to the remainder of the text which is not covered by said
rule.
Challenges of grand jurors, see rule 6, Appendix to this title.
Discharge and excuse of grand jurors, see rule 6.
Summoning grand jurors, see rule 6.
Apportionment of grand jurors within district, see section 1865 of
Title 28, Judiciary and Judicial Procedure.
Attendance fees of grand jurors, see section 1871 of Title 28.
Drawing grand jurors, see section 1864 of Title 28.
Exclusion on account of race or color, penalty for, see section 243
of this title.
Fee of marshal for serving venire, see section 1921 of Title 28,
Judiciary and Judicial Procedure.
Fees of grand jurors, see section 1871 of Title 28.
Intimidating or influencing grand jurors, see sections 1503 and 1504
of this title.
Ohio grand jurors; place of service; authority of judge to change;
see sections 115 and 1865 of Title 28, Judiciary and Judicial Procedure.
Qualifications and exemptions of jurors, see section 1861 of Title
28.
Summons; service and return, see section 1867 of Title 28.
Traveling expenses, see section 1871 of Title 28.
18 USC 3322. Disclosure of certain matters occurring before grand jury
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) A person who is privy to grand jury information concerning a
banking law violation --
(1) received in the course of duty as an attorney for the government;
or
(2) disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of
Criminal Procedure;
may disclose that information to an attorney for the government for
use in enforcing section 951 of the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 or for use in connection with civil
forfeiture under section 981 of title 18, United States Code, of
property described in section 981(a)(1)(C) of such title.
(b)(1) Upon motion of an attorney for the government, a court may
direct disclosure of matters occurring before a grand jury during an
investigation of a banking law violation to identified personnel of a
financial institution regulatory agency --
(A) for use in relation to any matter within the jurisdiction of such
regulatory agency; or
(B) to assist an attorney for the government to whom matters have
been disclosed under subsection (a).
(2) A court may issue an order under paragraph (1) upon a finding of
a substantial need.
(c) A person to whom matter has been disclosed under this section
shall not use such matter other than for the purpose for which such
disclosure was authorized.
(d) As used in this section --
(1) the term ''banking law violation'' means a violation of, or a
conspiracy to violate --
(A) section 215, 656, 657, 1005, 1006, 1007, 1014, or 1344; or
(B) section 1341 or 1343 affecting a financial institution;
(2) the term ''attorney for the government'' has the meaning given
such term in the Federal Rules of Criminal Procedure; and
(3) the term ''grand jury information'' means matters occurring
before a grand jury other than the deliberations of the grand jury or
the vote of any grand juror.
(Added Pub. L. 101-73, title IX, 964(a), Aug. 9, 1989, 103 Stat.
505.)
Section 951 of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, referred to in subsec. (a), is classified to
section 1833a of Title 12, Banks and Banking.
The Federal Rules of Criminal Procedure, referred to in subsecs.
(a)(2) and (d)(2), are set out in the Appendix to this title.
A prior section 3322, act June 25, 1948, ch. 645, 62 Stat. 829,
which related to the summoning of and number of grand jurors, was
repealed by Pub. L. 101-73, title IX, 964(a), Aug. 9, 1989, 103 Stat.
505. See Rule 6(a) of the Federal Rules of Criminal Procedure, set out
in the Appendix to this title.
18 USC ( 3323 to 3328. Repealed. Pub. L. 101-73, title IX, 964(a),
Aug. 9, 1989, 103 Stat. 505)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section 3323, act June 25, 1948, ch. 645, 62 Stat. 829, related to
challenging the array of grand jurors or individual grand jurors and
motions to dismiss. See Rule 6(b) of the Federal Rules of Criminal
Procedure, set out in the Appendix to this title.
Section 3324, act June 25, 1948, ch. 645, 62 Stat. 829, related to
the appointment of the grand jury foreman and deputy foreman, oaths,
affirmations and indictments, and records of jurors concurring. See
Rule 6(c) of the Federal Rules of Criminal Procedure, set out in the
Appendix to this title.
Section 3325, act June 25, 1948, ch. 645, 62 Stat. 829, related to
persons who may be present while the grand jury is in session, and
exclusion while the jury is deliberating or voting. See Rule 6(d) of
the Federal Rules of Criminal Procedure, set out in the Appendix to this
title.
Section 3326, act June 25, 1948, ch. 645, 62 Stat. 829, related to
disclosure of proceedings to government attorneys, disclosure by
direction of the court or permission of the defendant, and secrecy of
the indictment. See Rule 6(e) of the Federal Rules of Criminal
Procedure, set out in the Appendix to this title.
Section 3327, act June 25, 1948, ch. 645, 62 Stat. 830, related to
concurrence of 12 or more jurors in the indictment and return of the
indictment to the judge in open court. See Rule 6(f) of the Federal
Rules of Criminal Procedure, set out in the Appendix to this title.
Section 3328, act June 25, 1948, ch. 645, 62 Stat. 830, related to
discharge of grand jury by court, limitation of service, and excusing
jurors for cause. See Rule 6(g) of the Federal Rules of Criminal
Procedure, set out in the Appendix to this title.
18 USC CHAPTER 216 -- SPECIAL GRAND JURY
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3331. Summoning and term.
3332. Powers and duties.
3333. Reports.
3334. General provisions.
1970 -- Pub. L. 91-452, title I, 101(a), Oct. 15, 1970, 84 Stat.
923, added chapter 216 and items 3331 to 3334.
Pub. L. 91-452, title XII, 1201-1211, Oct. 15, 1970, 84 Stat.
960, 961, established the National Commission on Individual Rights to
conduct a comprehensive study and review of Federal laws and practices
relating to special grand juries authorized under chapter 216 of this
title, dangerous special offender sentencing under section 3575 of this
title, wiretapping and electronic surveillance, bail reform and
preventive detention, no-knock search warrants, the accumulation of data
on individuals by Federal agencies as authorized by law or acquired by
executive action, and other practices which in its opinion might
infringe upon the individual rights of the people of the United States.
The Commission was required to make interim reports at least every two
years and a final report to the President and Congress six years after
Jan. 1, 1972, and was to cease to exist 60 days after submission of the
final report.
18 USC 3331. Summoning and term
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In addition to such other grand juries as shall be called from
time to time, each district court which is located in a judicial
district containing more than four million inhabitants or in which the
Attorney General, the Deputy Attorney General, the Associate Attorney
General, or any designated Assistant Attorney General, certifies in
writing to the chief judge of the district that in his judgment a
special grand jury is necessary because of criminal activity in the
district shall order a special grand jury to be summoned at least once
in each period of eighteen months unless another special grand jury is
then serving. The grand jury shall serve for a term of eighteen months
unless an order for its discharge is entered earlier by the court upon a
determination of the grand jury by majority vote that its business has
been completed. If, at the end of such term or any extension thereof,
the district court determines the business of the grand jury has not
been completed, the court may enter an order extending such term for an
additional period of six months. No special grand jury term so extended
shall exceed thirty-six months, except as provided in subsection (e) of
section 3333 of this chapter.
(b) If a district court within any judicial circuit fails to extend
the term of a special grand jury or enters an order for the discharge of
such grand jury before such grand jury determines that it has completed
its business, the grand jury, upon the affirmative vote of a majority of
its members, may apply to the chief judge of the circuit for an order
for the continuance of the term of the grand jury. Upon the making of
such an application by the grand jury, the term thereof shall continue
until the entry upon such application by the chief judge of the circuit
of an appropriate order. No special grand jury term so extended shall
exceed thirty-six months, except as provided in subsection (e) of
section 3333 of this chapter.
(Added Pub. L. 91-452, title I, 101(a), Oct. 15, 1970, 84 Stat.
923; amended Pub. L. 100-690, title VII, 7020(d), Nov. 18, 1988, 102
Stat. 4396.)
1988 -- Subsec. (a). Pub. L. 100-690 inserted '', the Associate
Attorney General'' after ''Deputy Attorney General''.
18 USC 3332. Powers and duties
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) It shall be the duty of each such grand jury impaneled within any
judicial district to inquire into offenses against the criminal laws of
the United States alleged to have been committed within that district.
Such alleged offenses may be brought to the attention of the grand jury
by the court or by any attorney appearing on behalf of the United States
for the presentation of evidence. Any such attorney receiving
information concerning such an alleged offense from any other person
shall, if requested by such other person, inform the grand jury of such
alleged offense, the identity of such other person, and such attorney's
action or recommendation.
(b) Whenever the district court determines that the volume of
business of the special grand jury exceeds the capacity of the grand
jury to discharge its obligations, the district court may order an
additional special grand jury for that district to be impaneled.
(Added Pub. L. 91-452, title I, 101(a), Oct. 15, 1970, 84 Stat.
924.)
The criminal laws of the United States, referred to in subsec. (a),
are classified generally to this title.
18 USC 3333. Reports
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) A special grand jury impaneled by any district court, with the
concurrence of a majority of its members, may, upon completion of its
original term, or each extension thereof, submit to the court a report
--
(1) concerning noncriminal misconduct, malfeasance, or misfeasance in
office involving organized criminal activity by an appointed public
officer or employee as the basis for a recommendation of removal or
disciplinary action; or
(2) regarding organized crime conditions in the district.
(b) The court to which such report is submitted shall examine it and
the minutes of the special grand jury and, except as otherwise provided
in subsections (c) and (d) of this section, shall make an order
accepting and filing such report as a public record only if the court is
satisfied that it complies with the provisions of subsection (a) of this
section and that --
(1) the report is based upon facts revealed in the course of an
investigation authorized by subsection (a) of section 3332 and is
supported by the preponderance of the evidence; and
(2) when the report is submitted pursuant to paragraph (1) of
subsection (a) of this section, each person named therein and any
reasonable number of witnesses in his behalf as designated by him to the
foreman of the grand jury were afforded an opportunity to testify before
the grand jury prior to the filing of such report, and when the report
is submitted pursuant to paragraph (2) of subsection (a) of this
section, it is not critical of an identified person.
(c)(1) An order accepting a report pursuant to paragraph (1) of
subsection (a) of this section and the report shall be sealed by the
court and shall not be filed as a public record or be subject to subpena
or otherwise made public (i) until at least thirty-one days after a copy
of the order and report are served upon each public officer or employee
named therein and an answer has been filed or the time for filing an
answer has expired, or (ii) if an appeal is taken, until all rights of
review of the public officer or employee named therein have expired or
terminated in an order accepting the report. No order accepting a
report pursuant to paragraph (1) of subsection (a) of this section shall
be entered until thirty days after the delivery of such report to the
public officer or body pursuant to paragraph (3) of subsection (c) of
this section. The court may issue such orders as it shall deem
appropriate to prevent unauthorized publication of a report.
Unauthorized publication may be punished as contempt of the court.
(2) Such public officer or employee may file with the clerk a
verified answer to such a report not later than twenty days after
service of the order and report upon him. Upon a showing of good cause,
the court may grant such public officer or employee an extension of time
within which to file such answer and may authorize such limited
publication of the report as may be necessary to prepare such answer.
Such an answer shall plainly and concisely state the facts and law
constituting the defense of the public officer or employee to the
charges in said report, and, except for those parts thereof which the
court determines to have been inserted scandalously, prejudiciously, or
unnecessarily, such answer shall become an appendix to the report.
(3) Upon the expiration of the time set forth in paragraph (1) of
subsection (c) of this section, the United States attorney shall deliver
a true copy of such report, and the appendix, if any, for appropriate
action to each public officer or body having jurisdiction,
responsibility, or authority over each public officer or employee named
in the report.
(d) Upon the submission of a report pursuant to subsection (a) of
this section, if the court finds that the filing of such report as a
public record may prejudice fair consideration of a pending criminal
matter, it shall order such report sealed and such report shall not be
subject to subpena or public inspection during the pendency of such
criminal matter, except upon order of the court.
(e) Whenever the court to which a report is submitted pursuant to
paragraph (1) of subsection (a) of this section is not satisfied that
the report complies with the provisions of subsection (b) of this
section, it may direct that additional testimony be taken before the
same grand jury, or it shall make an order sealing such report, and it
shall not be filed as a public record or be subject to subpena or
otherwise made public until the provisions of subsection (b) of this
section are met. A special grand jury term may be extended by the
district court beyond thirty-six months in order that such additional
testimony may be taken or the provisions of subsection (b) of this
section may be met.
(f) As used in this section, ''public officer or employee'' means any
officer or employee of the United States, any State, the District of
Columbia, the Commonwealth of Puerto Rico, any territory or possession
of the United States, or any political subdivision, or any department,
agency, or instrumentality thereof.
(Added Pub. L. 91-452, title I, 101(a), Oct. 15, 1970, 84 Stat.
924.)
18 USC 3334. General provisions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisions of chapter 215, title 18, United States Code, and the
Federal Rules of Criminal Procedure applicable to regular grand juries
shall apply to special grand juries to the extent not inconsistent with
sections 3331, 3332, or 3333 of this chapter.
(Added Pub. L. 91-452, title I, 101(a), Oct. 15, 1970, 84 Stat.
926.)
18 USC CHAPTER 217 -- INDICTMENT AND INFORMATION
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3361. Form and contents -- Rule.
3362. Waiver of indictment and prosecution on information -- Rule.
3363. Joinder of offenses -- Rule.
3364. Joinder of defendants -- Rule.
3365. Amendment of information -- Rule.
3366. Bill of particulars -- Rule.
3367. Dismissal -- Rule.
18 USC 3361. Form and contents -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Contents and form; striking surplusage, Rule 7(a), (c), (d).
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 USC 3362. Waiver of indictment and prosecution on information --
(Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Waiver of indictment for offenses not punishable by death, Rule 7(b).
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 USC 3363. Joinder of offenses -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Joinder of two or more offenses in same indictment, Rule 8(a).
Trial together of indictments or informations, Rule 13.
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 USC 3364. Joinder of defendants -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Joinder of two or more defendants charged in same indictment, Rule
8(b).
Relief from prejudicial joinder, Rule 14.
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 USC 3365. Amendment of information -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Amendment of information, time and conditions, Rule 7(e).
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 USC 3366. Bill of particulars -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Bill of particulars for cause; motion after arraignment; time;
amendment, Rule 7(f).
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 USC 3367. Dismissal -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Dismissal filed by Attorney General or United States Attorney, Rule
48.
Dismissal on objection to array of grand jury or lack of legal
qualification of individual grand juror, Rule 6(b)(2).
(June 25, 1948, ch. 645, 62 Stat. 830.)
18 USC CHAPTER 219 -- TRIAL BY UNITED STATES MAGISTRATES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3401. Misdemeanors; application of probation laws.
3402. Rules of procedure, practice and appeal.
1979 -- Pub. L. 96-82, 7(c), Oct. 10, 1979, 93 Stat. 646,
substituted ''Misdemeanors'' for ''Minor offenses'' in item 3401.
1968 -- Pub. L. 90-578, title III, 301(c), 302(c), Oct. 17, 1968,
82 Stat. 1115, 1116, substituted ''TRIAL BY UNITED STATES MAGISTRATES''
for ''TRIAL BY COMMISSIONERS'' in chapter heading, and substituted
''Minor offenses'' for ''Petty offenses'' and struck out ''fees'' after
''probation laws'' in item 3401.
18 USC 3401. Misdemeanors; application of probation laws
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) When specially designated to exercise such jurisdiction by the
district court or courts he serves, any United States magistrate shall
have jurisdiction to try persons accused of, and sentence persons
convicted of, misdemeanors committed within that judicial district.
(b) Any person charged with a misdemeanor may elect, however, to be
tried before a judge of the district court for the district in which the
offense was committed. The magistrate shall carefully explain to the
defendant that he has a right to trial, judgment, and sentencing by a
judge of the district court and that he may have a right to trial by
jury before a district judge or magistrate. The magistrate shall not
proceed to try the case unless the defendant, after such explanation,
files a written consent to be tried before the magistrate that
specifically waives trial, judgment, and sentencing by a judge of the
district court.
(c) A magistrate who exercises trial jurisdiction under this section,
and before whom a person is convicted or pleads either guilty or nolo
contendere, may, with the approval of a judge of the district court,
direct the probation service of the court to conduct a presentence
investigation on that person and render a report to the magistrate prior
to the imposition of sentence.
(d) The probation laws shall be applicable to persons tried by a
magistrate under this section, and such officer shall have power to
grant probation and to revoke, modify, or reinstate the probation of any
person granted probation by a magistrate judge.
(e) Proceedings before United States magistrates under this section
shall be taken down by a court reporter or recorded by suitable sound
recording equipment. For purposes of appeal a copy of the record of
such proceedings shall be made available at the expense of the United
States to a person who makes affidavit that he is unable to pay or give
security therefor, and the expense of such copy shall be paid by the
Director of the Administrative Office of the United States Courts.
(f) The district court may order that proceedings in any misdemeanor
case be conducted before a district judge rather than a United States
magistrate upon the court's own motion or, for good cause shown, upon
petition by the attorney for the Government. Such petition should note
the novelty, importance, or complexity of the case, or other pertinent
factors, and be filed in accordance with regulations promulgated by the
Attorney General.
(g) The magistrate may, in a Class B or C misdemeanor case, or
infraction case, involving a juvenile in which consent to trial before a
magistrate has been filed under subsection (b) of this section, exercise
all powers granted to the district court under chapter 403 of this
title. For purposes of this subsection, proceedings under chapter 403
of this title may be instituted against a juvenile by a violation notice
or complaint, except that no such case may proceed unless the
certification referred to in section 5032 of this title has been filed
in open court at the arraignment. No term of imprisonment shall be
imposed by the magistrate in any such case.
(h) The magistrate judge shall have power to modify, revoke, or
terminate supervised release of any person sentenced to a term of
supervised release by a magistrate judge.
(i) A district judge may designate a magistrate judge to conduct
hearings to modify, revoke, or terminate supervised release, including
evidentiary hearings, and to submit to the judge proposed findings of
fact and recommendations for such modification, revocation, or
termination by the judge, including, in the case of revocation, a
recommended disposition under section 3583(e) of this title. The
magistrate judge shall file his or her proposed findings and
recommendations.
(June 25, 1948, ch. 645, 62 Stat. 830; July 7, 1958, Pub. L.
85-508, 12(j), 72 Stat. 348; Oct. 17, 1968, Pub. L. 90-578, title III,
302(a), 82 Stat. 1115; Oct. 10, 1979, Pub. L. 96-82, 7(a), (b), 93
Stat. 645, 646; Pub. L. 98-473, title II, 223(j), Oct. 12, 1984, 98
Stat. 2029; Nov. 18, 1988, Pub. L. 100-690, title VII, 7072(a), 102
Stat. 4405; Oct. 29, 1992, Pub. L. 102-572, title I, 103, 106 Stat.
4507.)
Based on title 18, U.S.C., 1940 ed., 576, 576b, 576c, 576d (Oct.
9, 1940, ch. 785, 1, 3-5, 54 Stat. 1058, 1059).
The phrase ''the commissioner shall have power to grant probation''
was inserted in paragraph (c) in order to make clear the authority of
the commissioner to grant probation without application to the District
judge.
Four sections were consolidated herein with minor rearrangements and
deletion of unnecessary words.
1992 -- Subsec. (d). Pub. L. 102-572, 103(1), substituted ''and to
revoke, modify, or reinstate the probation of any person granted
probation by a magistrate judge'' for ''and to revoke or reinstate the
probation of any person granted probation by him''.
Subsecs. (h), (i). Pub. L. 102-572, 103(2), added subsecs. (h) and
(i).
1988 -- Subsec. (g). Amendment by Pub. L. 100-690 directing that
''and section 4216'' be struck out after ''under chapter 402'' in
subsec. (g), was executed to subsec. (g) applicable to offenses
committed prior to Nov. 1, 1987, as the probable intent of Congress, in
view of the amendment by section 223(j) of Pub. L. 98-473. See 1984
Amendment notes below.
1984 -- Subsecs. (g), (h). Pub. L. 98-473, 223(j)(1), redesignated
subsec. (h) as (g) and struck out former subsec. (g) which related to
powers of magistrate in case involving youthful offender. Former
subsec. (g), as amended by Pub. L. 100-690, read as follows: ''The
magistrate may, in a case involving a youth offender in which consent to
trial before a magistrate has been filed under subsection (b) of this
section, impose sentence and exercise the other powers granted to the
district court under chapter 402 of this title, except that --
''(1) the magistrate may not sentence the youth offender to the
custody of the Attorney General pursuant to such chapter for a period in
excess of 1 year for conviction of a misdemeanor or 6 months for
conviction of a petty offense;
''(2) such youth offender shall be released conditionally under
supervision no later than 3 months before the expiration of the term
imposed by the magistrate, and shall be discharged unconditionally on or
before the expiration of the maximum sentence imposed; and
''(3) the magistrate may not suspend the imposition of sentence and
place the youth offender on probation for a period in excess of 1 year
for conviction of a misdemeanor or 6 months for conviction of a petty
offense.''
Pub. L. 98-473, 223(j)(2), which directed amendment of subsec. (h)
by substituting reference to Class B or C misdemeanor case or an
infraction case, for reference to petty offense case, was executed to
subsec. (g) as the probable intent of Congress in view of redesignation
of subsec. (h) as (g) by section 223(j)(1) of Pub. L. 98-473, see
above.
1979 -- Pub. L. 96-82, 7(b), substituted ''Misdemeanors'' for
''Minor offenses'' in section catchline.
Subsec. (a). Pub. L. 96-82, 7(a)(1), substituted ''any United States
magistrate shall have jurisdiction to try persons accused of, and
sentence persons convicted of, misdemeanors committed'' for ''and under
such conditions as may be imposed by the terms of the special
designation, any United States magistrate shall have jurisdiction to try
persons accused of, and sentence persons convicted of, minor offenses
committed''.
Subsec. (b). Pub. L. 96-82, 7(a)(2), substituted reference to
persons charged with misdemeanors for reference to persons charged with
minor offenses, substituted reference to right to trial, judgment, and
sentencing for reference to right to trial, and struck out provisions
relating to the waiver of the right to a trial by jury.
Subsec. (f). Pub. L. 96-82, 7(a)(3), substituted provisions
authorizing the district court to order misdemeanor proceedings to be
conducted before a district court judge for provisions defining term
''minor offenses''.
Subsecs. (g), (h). Pub. L. 96-82, 7(a)(4), added subsecs. (g) and
(h).
1968 -- Pub. L. 90-578 substituted ''Minor offenses'' for ''Petty
offenses'' and struck out provision for ''fees'' in section catchline.
Subsec. (a). Pub. L. 90-578 provided for trial by a magistrate rather
than a commissioner of minor offenses instead of petty offenses, under
such conditions as may be imposed by the terms of the special
designation, required imposition of sentence after conviction instead of
sentencing of person committing the offense, and omitted provision for
trial of offense committed in any place over which the Congress has
exclusive power to legislate or over which the United States has
concurrent jurisdiction.
Subsec. (b). Pub. L. 90-578 provided that the person be charged with
a minor offense rather than a petty offense, prescribed trial in
district court for the district in which the offense was committed, and
required an explanation to be given of right to trial before a district
court judge with right to jury trial before such judge and that the
written consent to trial before the magistrate specifically waive trial
before the district court judge and any right to a jury trial.
Subsec. (c). Pub. L. 90-578 substituted authorization for magistrate
to conduct presentence investigation for prior provisions making
probation laws applicable to persons tried by commissioners having power
to grant probation, now incorporated in subsec. (d) of this section.
Subsec. (d). Pub. L. 90-578 incorporated existing provisions of
former subsec. (c) of this section in provisions designated as subsec.
(d), substituted ''magistrate'' for ''commissioner'', authorized
revocation or reinstatement of probation by the officer granting the
probation, and struck out former provision for receipt of fees provided
by law for services as a commissioner.
Subsec. (e). Pub. L. 90-578 substituted requirement that proceedings
before magistrates be taken down by a court reporter or recorded by
sound recording equipment and provision for availability of a copy of
the record of such proceedings for appeal purposes to be paid by the
Director at Federal expense when a person is unable to pay or give
security therefor for prior provisions making the section inapplicable
to the District of Columbia and interpreting it as not repealing or
limiting existing jurisdiction, power or authority of commissioners
appointed in the several national parks.
Subsec. (f). Pub. L. 90-578 added subsec. (f).
1958 -- Subsec. (e). Pub. L. 85-508 struck out provisions which
related to commissioners appointed for Alaska. See section 81A of Title
28, Judiciary and Judicial Procedure, which establishes a United States
District Court for the State of Alaska.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101 of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and applicable
only to offenses committed after the taking effect of such amendment,
see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date
note under section 3551 of this title.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L.
85-508, see notes set out under section 81A of Title 28, Judiciary and
Judicial Procedure, and preceding former section 21 of Title 48,
Territories and Insular Possessions.
Proceedings before the United States magistrate judge, see rule 5,
Appendix to this title.
Proceedings involving misdemeanors and other petty offenses, see rule
58.
Appointment of United States magistrate judges, see section 631 of
Title 28, Judiciary and Judicial Procedure.
Compensation of magistrate judges, see section 634 of Title 28.
Jurisdiction and powers of magistrate judges, see section 636 of
Title 28.
Probation, see section 3561 et seq. of this title.
18 USC 3402. Rules of procedure, practice and appeal /1/
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
In all cases of conviction by a United States magistrate an appeal of
right shall lie from the judgment of the magistrate to a judge of the
district court of the district in which the offense was committed.
(June 25, 1948, ch. 645, 62 Stat. 831; Oct. 17, 1968, Pub. L.
90-578, title III, 302(b), 82 Stat. 1116; Nov. 19, 1988, Pub. L.
100-702, title IV, 404(b)(2), 102 Stat. 4651.)
Based on title 18 U.S.C., 1940 ed., 576a (Oct. 9, 1940, ch. 685, 2,
54 Stat. 1059).
1988 -- Pub. L. 100-702 struck out second par. which read as
follows: ''The Supreme Court shall prescribe rules of procedure and
practice for the trial of cases before magistrates and for taking and
hearing of appeals to the judges of the district courts of the United
States.''
1968 -- Pub. L. 90-578 provided that the appeal shall be of right,
substituted ''a United States magistrate'', ''magistrate'', and
''magistrates'' for ''United States commissioners'', ''commissioner'',
and ''commissioners'', respectively, and provided that the appeals be to
the judge of the district court and not to the district court and that
the rules of the Supreme Court relate to appeals to the judges of the
district courts rather than to the district courts.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section
407 of Pub. L. 100-702, set out as a note under section 2071 of Title
28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates (now United
States magistrate judges) and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see
section 403 of Pub. L. 90-578, set out as a note under section 631 of
title 28, Judiciary and Judicial Procedure.
Proceedings involving misdemeanors and other petty offenses, see rule
58.
/1/ Section catchline was not amended to conform to change made in
text by Pub. L. 100-702.
18 USC CHAPTER 221 -- ARRAIGNMENT, PLEAS AND TRIAL
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3431. Term of court; power of court unaffected by expiration --
Rule.
3432. Indictment and list of jurors and witnesses for prisoner in
capital cases.
3433. Arraignment -- Rule.
3434. Presence of defendant -- Rule.
3435. Receiver of stolen property triable before or after principal.
3436. Consolidation of indictments or informations -- Rule.
3437. Severance -- Rule.
3438. Pleas -- Rule.
3439. Demurrers and special pleas in bar or abatement abolished;
relief on motion -- Rule.
3440. Defenses and objections determined on motion -- Rule.
3441. Jury; number of jurors; waiver -- Rule.
3442. Jurors, examination, preemptory challenges; alternates --
Rule.
3443. Instructions to jury -- Rule.
3444. Disability of judge -- Rule.
3445. Motion for judgment of acquittal -- Rule.
3446. New trial -- Rule.
18 USC 3431. Term of court; power of court unaffected by expiration
-- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Expiration of term without significance in criminal cases, Rule
45(c).
(June 25, 1948, ch. 645, 62 Stat. 831.)
Rule 45(c) of the Federal Rules of Criminal Procedure, referred to in
text, was rescinded Feb. 28, 1966, eff. July 1, 1966.
18 USC 3432. Indictment and list of jurors and witnesses for prisoner
in capital cases
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A person charged with treason or other capital offense shall at least
three entire days before commencement of trial be furnished with a copy
of the indictment and a list of the veniremen, and of the witnesses to
be produced on the trial for proving the indictment, stating the place
of abode of each venireman and witness.
(June 25, 1948, ch. 645, 62 Stat. 831.)
Based on title 18, U.S.C., 1940 ed., 562 (R.S. 1033).
Words ''or other capital offense'' inserted after ''treason'' and
''jurors'' substituted for ''jury''. The concluding sentence ''When any
person is indicted for any other capital offense, such copy of the
indictment and list of the jurors and witnesses shall be delivered to
him at least two entire days before the trial'' was omitted. The change
made by the revisers, permitting an additional day's preparation for
trial in homicide, kidnapping, rape, and other capital cases seemed not
unreasonable.
Words ''shall be delivered to him'', at end of section, were omitted
as unnecessary.
Rule 10 of the Federal Rules of Criminal Procedure requires that the
defendant in every case be given a copy of the indictment or information
before he is called upon to plead. Thus there is no conflict between
the rule and the revised section.
Minor changes in phraseology were made.
Copy of indictment or information to defendant before plea, see rule
10, Appendix to this title.
Qualification and drawing of trial jurors, see section 1861 et seq.
of Title 28, Judiciary and Judicial Procedure.
Witnesses and evidence, see section 3481 et seq. of this title.
18 USC 3433. Arraignment -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Reading and furnishing copy of indictment to accused, Rule 10.
(June 25, 1948, ch. 645, 62 Stat. 831.)
18 USC 3434. Presence of defendant -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Right of defendant to be present generally; corporation; waiver,
Rule 43.
(June 25, 1948, ch. 645, 62 Stat. 831.)
18 USC 3435. Receiver of stolen property triable before or after
principal
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A person charged with receiving or concealing stolen property may be
tried either before or after the trial of the principal offender.
(June 25, 1948, ch. 645, 62 Stat. 831.)
Based on title 18, U.S.C., 1940 ed., 101, 467 (Mar. 4, 1909, ch.
321, 48, 288, 35 Stat. 1098, 1145).
Other provisions of sections 101 and 467 of title 18, U.S.C., 1940
ed., were incorporated in sections 641 and 662 of this title.
Necessary changes were made in phraseology.
18 USC 3436. Consolidation of indictments or informations -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Two or more indictments or informations triable together, Rule 13.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3437. Severance -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Relief from prejudicial joinder of defendants or offenses, Rule 14.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3438. Pleas -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Plea of guilty, not guilty, or nolo contendere; acceptance by court;
refusal to plead; corporation failing to appear, Rule 11.
Withdrawal of plea of guilty, Rule 32.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3439. Demurrers and special pleas in bar or abatement
abolished; relief on motion -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Motion to dismiss or for appropriate relief substituted for demurrer
or dilatory plea or motion to quash, Rule 12.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3440. Defenses and objections determined on motion -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Defenses or objections which may or must be raised before trial;
time; hearing; effect of determination; limitations by law
unaffected, Rule 12(b).
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3441. Jury; number of jurors; waiver -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Jury trial, waiver, twelve jurors or less by written stipulation,
trial by court on general or special findings, Rule 23.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3442. Jurors, examination, peremptory challenges; alternates
-- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Examination and peremptory challenges of trial jurors; alternate
jurors, Rule 24.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3443. Instructions to jury -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Court's instructions to jury, written requests and copies,
objections, Rule 30.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3444. Disability of judge -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Disability of judge after verdict or finding of guilt, Rule 25.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3445. Motion for judgment of acquittal -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Motions for directed verdict abolished.
Motions for judgment of acquittal adopted; court may reserve
decision; renewal, Rule 29.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC 3446. New trial -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Granting of new trial, grounds, and motion, Rule 33.
(June 25, 1948, ch. 645, 62 Stat. 832.)
18 USC CHAPTER 223 -- WITNESSES AND EVIDENCE
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3481. Competency of accused.
3482. Evidence and witnesses -- Rule.
3483. Indigent defendants, process to produce evidence -- Rule.
3484. Subpoenas -- Rule.
3485. Expert witnesses -- Rule.
(3486. Repealed.)
3487. Refusal to pay as evidence of embezzlement.
3488. Intoxicating liquor in Indian country as evidence of unlawful
introduction.
3489. Discovery and inspection -- Rule.
3490. Official record or entry -- Rule.
3491. Foreign documents.
3492. Commission to consular officers to authenticate foreign
documents.
3493. Deposition to authenticate foreign documents.
3494. Certification of genuineness of foreign document.
3495. Fees and expenses of consuls, counsel, interpreters and
witnesses.
3496. Regulations by President as to commissions, fees of witnesses,
counsel and interpreters.
3497. Account as evidence of embezzlement.
3498. Depositions -- Rule.
3499. Contempt of court by witness -- Rule.
3500. Demands for production of statements and reports of witnesses.
3501. Admissibility of confessions.
3502. Admissibility in evidence of eye witness testimony.
3503. Depositions to preserve testimony.
3504. Litigation concerning sources of evidence.
3505. Foreign records of regularly conducted activity.
3506. Service of papers filed in opposition to official request by
United States to foreign government for criminal evidence.
3507. Special master at foreign deposition.
3508. Custody and return of foreign witnesses.
3509. Child victims' and child witnesses' rights. /1/
1988 -- Pub. L. 100-690, title VI, 6484(b), Nov. 18, 1988, 102
Stat. 4384, added item 3508.
1984 -- Pub. L. 98-473, title II, 1217(b), Oct. 12, 1984, 98 Stat.
2166, added items 3505, 3506, and 3507.
1970 -- Pub. L. 91-452, title II, 228(b), title VI, 601(b), title
VII, 702(b), Oct. 15, 1970, 84 Stat. 930, 935, 936, added items 3503
and 3504, and struck out item 3486 ''Compelled testimony tending to
incriminate witnesses; immunity''.
1968 -- Pub. L. 90-351, title II, 701(b), June 19, 1968, 82 Stat.
211, added items 3501 and 3502.
1957 -- Pub. L. 85-269, Sept. 2, 1957, 71 Stat. 596, added item
3500.
1954 -- Act Aug. 20, 1954, ch. 769, 2, 68 Stat. 746, rephrased
item 3486.
Pub. L. 91-452, title V, 501-504, Oct. 15, 1970, 84 Stat. 933,
which authorized the Attorney General to provide for the security of
Government witnesses and the families of Government witnesses in legal
proceedings against any person alleged to have participated in an
organized criminal activity, was repealed by Pub. L. 98-473, title II,
1209(b), Oct. 12, 1984, 98 Stat. 2163, effective Oct. 1, 1984.
/1/ Editorially supplied. Section 3509 added by Pub. L. 101-647
without corresponding amendment of chapter analysis.
18 USC 3481. Competency of accused
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
In trial of all persons charged with the commission of offenses
against the United States and in all proceedings in courts martial and
courts of inquiry in any State, District, Possession or Territory, the
person charged shall, at his own request, be a competent witness. His
failure to make such request shall not create any presumption against
him.
(June 25, 1948, ch. 645, 62 Stat. 833.)
Based on section 632 of title 28, U.S.C., 1940 ed., Judicial Code and
Judiciary, and section 1200, Art. 42(a), of Title 34, Navy. (Mar. 16,
1878, ch. 37, 20 Stat. 30).
Section was rewritten without change of substance.
Harmless and plain error, see rule 52, Appendix to this title.
Instructions, see rule 30.
18 USC 3482. Evidence and witnesses -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Competency and privileges of witnesses and admissibility of evidence
governed by principles of common law, Rule 26.
(June 25, 1948, ch. 645, 62 Stat. 833.)
Rule 26 of the Federal Rules of Criminal Procedure, referred to in
text, was amended in 1972. The subject matter is covered by the Federal
Rules of Evidence, set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Documents, admissibility of, see Federal Rules of Evidence, Title 28,
Appendix, Judiciary and Judicial Procedure.
Foreign witnesses, subpoenas and proceedings against disobedient
witnesses, see sections 1783 and 1784 of Title 28.
18 USC 3483. Indigent defendants, process to produce evidence --
(Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Subpoena for indigent defendants, motion, affidavit, costs, Rule
17(b).
(June 25, 1948, ch. 645, 62 Stat. 833.)
18 USC 3484. Subpoenas -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Form, contents and issuance of subpoena, Rule 17(a).
Service in United States, Rule 17(d), (e), (1).
Service in foreign country, Rule 17(d), (e,2).
Indigent defendants, Rule 17(b).
On taking depositions, Rule 17(f).
Papers and documents, Rule 17(c).
Disobedience of subpoena as contempt of court, Rule 17(g).
(June 25, 1948, ch. 645, 62 Stat. 833.)
Subpoenas and proceedings against disobedient foreign witnesses, see
sections 1783 and 1784 of Title 28, Judiciary and Judicial Procedure.
18 USC 3485. Expert witnesses -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Selection and appointment of expert witnesses by court or parties;
compensation, Rule 28.
(June 25, 1948, ch. 645, 62 Stat. 833.)
Rule 28 of the Federal Rules of Criminal Procedure, referred to in
text, was amended in 1972. The subject matter of this reference is
covered by Federal Rules of Evidence, set out in the Appendix to Title
28, Judiciary and Judicial Procedure.
18 USC ( 3486. Repealed. Pub. L. 91-452, title II, 228(a), Oct. 15,
1970, 84 Stat. 930)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Section, acts June 25, 1948, ch. 645, 62 Stat. 833; Aug. 20, 1954,
ch. 769, 1, 68 Stat. 745; Aug. 28, 1965, Pub. L. 89-141, 2, 79
Stat. 581, set forth procedure for granting of immunity to witnesses
compelled to testify or produce evidence in course of any Congressional
investigation, or case or proceeding before any grand jury or court of
the United States, involving interference with or endangering of
national security or defense of the United States. See section 6001 et
seq. of this title.
Repeal by Pub. L. 91-452 effective on sixtieth day following Oct.
15, 1970, and not to affect any immunity to which any individual was
entitled under this section by reason of any testimony given before
sixtieth day following Oct. 15, 1970, see section 260 of Pub. L.
91-452, set out as an Effective Date; Savings Provision note under
section 6001 of this title.
18 USC 3487. Refusal to pay as evidence of embezzlement
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The refusal of any person, whether in or out of office, charged with
the safe-keeping, transfer, or disbursement of the public money to pay
any draft, order, or warrant, drawn upon him by the General Accounting
Office, for any public money in his hands belonging to the United
States, no matter in what capacity the same may have been received, or
may be held, or to transfer or disburse any such money, promptly, upon
the legal requirement of any authorized officer, shall be deemed, upon
the trial of any indictment against such person for embezzlement, prima
facie evidence of such embezzlement.
(June 25, 1948, ch. 645, 62 Stat. 833.)
Based on title 18, U.S.C., 1940 ed., 180 (Mar. 4, 1909, ch. 321,
94, 35 Stat. 1106; June 10, 1921, ch. 18, 304, 42 Stat. 24).
''General Accounting Office'' was substituted for ''proper accounting
officer of the Treasury''.
Account as evidence of embezzlement, see section 3497 of this title.
Accounting generally for public money, see section 643 of this title.
Embezzlement of public money, see section 641 of this title.
18 USC 3488. Intoxicating liquor in Indian country as evidence of
unlawful introduction
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The possession by a person of intoxicating liquors in Indian country
where the introduction is prohibited by treaty or Federal statute shall
be prima facie evidence of unlawful introduction.
(June 25, 1948, ch. 645, 62 Stat. 834.)
Based on section 245 of title 25, U.S.C., 1940 ed., Indians (May 18,
1916, ch. 125, 1, 39 Stat. 124).
The only change made was the insertion of the word ''Indian'' before
''country'', to substitute specificity for generality. (See definition
of ''Indian country'' in section 1151 of this title.)
Application of Indian liquor laws, see section 1161 of this title.
Indian country defined, see section 1151 of this title.
Possession of intoxicating liquors in Indian country, see section
1156 of this title.
18 USC 3489. Discovery and inspection -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Inspection of documents and papers taken from defendant, Rule 16.
(June 25, 1948, ch. 645, 62 Stat. 834.)
18 USC 3490. Official record or entry -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Proof of official record or entry as in civil actions, Rule 27.
(June 25, 1948, ch. 645, 62 Stat. 834.)
18 USC 3491. Foreign documents
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Any book, paper, statement, record, account, writing, or other
document, or any portion thereof, of whatever character and in whatever
form, as well as any copy thereof equally with the original, which is
not in the United States shall, when duly certified as provided in
section 3494 of this title, be admissible in evidence in any criminal
action or proceeding in any court of the United States if the court
shall find, from all the testimony taken with respect to such foreign
document pursuant to a commission executed under section 3492 of this
title, that such document (or the original thereof in case such document
is a copy) satisfies the authentication requirements of the Federal
Rules of Evidence, unless in the event that the genuineness of such
document is denied, any party to such criminal action or proceeding
making such denial shall establish to the satisfaction of the court that
such document is not genuine. Nothing contained herein shall be deemed
to require authentication under the provisions of section 3494 of this
title of any such foreign documents which may otherwise be properly
authenticated by law.
(June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, 52,
63 Stat. 96; Oct. 3, 1964, Pub. L. 88-619, 2, 78 Stat. 995; Dec. 12,
1975, Pub. L. 94-149, 3, 89 Stat. 806.)
Based on section 695a of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, 2, 49 Stat. 1562.)
This section (section 52) corrects section 3491 of title 18, U.S.C.,
so that the references therein will be to the correct section numbers in
title 28, U.S.C., as revised and enacted in 1948.
The Federal Rules of Evidence, referred to in text, are set out in
the Appendix to Title 28, Judiciary and Judicial Procedure.
1975 -- Pub. L. 94-149 substituted ''the authentication requirements
of the Federal Rules of Evidence'' for ''the requirements of section
1732 of Title 28''.
1964 -- Pub. L. 88-619 struck out ''and section 1741 of Title 28''
after ''section 3494 of this title'' in two places.
1949 -- Act May 24, 1949, substituted ''section 1741'' for ''section
695e'' and ''section 1732'' for ''section 695'' wherever appearing.
Proof of official records, see rule 27, Appendix to this title.
Certification of genuineness of foreign document, see section 3494 of
this title.
Commission to consular officers to authenticate foreign documents,
see section 3492 of this title.
Foreign documents of record in the State of Vatican City, see section
4222 of Title 22, Foreign Relations and Intercourse.
Foreign documents on record in public offices, see section 1741 of
Title 28, Judiciary and Judicial Procedure.
Record made in regular course of business, see section 1732 of Title
28.
18 USC 3492. Commission to consular officers to authenticate foreign
documents
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The testimony of any witness in a foreign country may be taken
either on oral or written interrogatories, or on interrogatories partly
oral and partly written, pursuant to a commission issued, as hereinafter
provided, for the purpose of determining whether any foreign documents
sought to be used in any criminal action or proceeding in any court of
the United States are genuine, and whether the authentication
requirements of the Federal Rules of Evidence are satisfied with respect
to any such document (or the original thereof in case such document is a
copy). Application for the issuance of a commission for such purpose
may be made to the court in which such action or proceeding is pending
by the United States or any other party thereto, after five days' notice
in writing by the applicant party, or his attorney, to the opposite
party, or his attorney of record, which notice shall state the names and
addresses of witnesses whose testimony is to be taken and the time when
it is desired to take such testimony. In granting such application the
court shall issue a commission for the purpose of taking the testimony
sought by the applicant addressed to any consular officer of the United
States conveniently located for the purpose. In cases of testimony
taken on oral or partly oral interrogatories, the court shall make
provisions in the commission for the selection as hereinafter provided
of foreign counsel to represent each party (except the United States) to
the criminal action or proceeding in which the foreign documents in
question are to be used, unless such party has, prior to the issuance of
the commission, notified the court that he does not desire the selection
of foreign counsel to represent him at the time of taking of such
testimony. In cases of testimony taken on written interrogatories, such
provision shall be made only upon the request of any such party prior to
the issuance of such commission. Selection of foreign counsel shall be
made by the party whom such foreign counsel is to represent within ten
days prior to the taking of testimony or by the court from which the
commission issued, upon the request of such party made within such time.
(b) Any consular officer to whom a commission is addressed to take
testimony, who is interested in the outcome of the criminal action or
proceeding in which the foreign documents in question are to be used or
has participated in the prosecution of such action or proceeding,
whether by investigations, preparation of evidence, or otherwise, may be
disqualified on his own motion or on that of the United States or any
other party to such criminal action or proceeding made to the court from
which the commission issued at any time prior to the execution thereof.
If after notice and hearing, the court grants the motion, it shall
instruct the consular officer thus disqualified to send the commission
to any other consular officer of the United States named by the court,
and such other officer shall execute the commission according to its
terms and shall for all purposes be deemed the officer to whom the
commission is addressed.
(c) The provisions of this section and sections 3493-3496 of this
title applicable to consular officers shall be applicable to diplomatic
officers pursuant to such regulations as may be prescribed by the
President.
(June 25, 1948, ch. 645, 62 Stat. 834; May 24, 1949, ch. 139, 53,
63 Stat. 96; Dec. 12, 1975, Pub. L. 94-149, 4, 89 Stat. 806.)
Based on section 695b of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, 3, 49 Stat. 1562).
This section (section 53) corrects section 3492(a) of title 18,
U.S.C., so that the reference in the first sentence thereof will be to
the correct section number in title 28, U.S.C., as revised and enacted
in 1948.
The Federal Rules of Evidence, referred to in subsec. (a), are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
1975 -- Subsec. (a). Pub. L. 94-149 substituted ''the authentication
requirements of the Federal Rules of Evidence'' for ''the requirements
of section 1732 of Title 28''.
1949 -- Subsec. (a). Act May 24, 1949, substituted ''section 1732''
for ''section 695''.
Proof of official records, see rule 44, Title 28, Appendix, Judiciary
and Judicial Procedure.
Proof of official record, see rule 27, Appendix to this title.
Admissibility of foreign document, see section 3491 of this title.
18 USC 3493. Deposition to authenticate foreign documents
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The consular officer to whom any commission authorized under section
3492 of this title is addressed shall take testimony in accordance with
its terms. Every person whose testimony is taken shall be cautioned and
sworn to testify the whole truth and carefully examined. His testimony
shall be reduced to writing or typewriting by the consular officer
taking the testimony, or by some person under his personal supervision,
or by the witness himself, in the presence of the consular officer and
by no other person, and shall, after it has been reduced to writing or
typewriting, be subscribed by the witness. Every foreign document, with
respect to which testimony is taken, shall be annexed to such testimony
and subscribed by each witness who appears for the purpose of
establishing the genuineness of such document. When counsel for all the
parties attend the examination of any witness whose testimony is to be
taken on written interrogatories, they may consent that oral
interrogatories in addition to those accompanying the commission may be
put to the witness. The consular officer taking any testimony shall
require an interpreter to be present when his services are needed or are
requested by any party or his attorney.
(June 25, 1948, ch. 645, 62 Stat. 835.)
Based on section 695c of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, 4, 49 Stat. 1563).
Proof of official records, see rule 27, Appendix to this title.
Commission to consular officers to authenticate foreign documents,
see section 3492 of this title.
Fees for witnesses and interpreters, see section 3495 of this title.
Regulations as to commissions and fees of witnesses, etc., see
section 3496 of this title.
18 USC 3494. Certification of genuineness of foreign document
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
If the consular officer executing any commission authorized under
section 3492 of this title shall be satisfied, upon all the testimony
taken, that a foreign document is genuine, he shall certify such
document to be genuine under the seal of his office. Such certification
shall include a statement that he is not subject to disqualification
under the provisions of section 3492 of this title. He shall thereupon
transmit, by mail, such foreign documents, together with the record of
all testimony taken and the commission which has been executed, to the
clerk of the court from which such commission issued, in the manner in
which his official dispatches are transmitted to the Government. The
clerk receiving any executed commission shall open it and shall make any
foreign documents and record of testimony, transmitted with such
commission, available for inspection by the parties to the criminal
action or proceeding in which such documents are to be used, and said
parties shall be furnished copies of such documents free of charge.
(June 25, 1948, ch. 645, 62 Stat. 835.)
Based on section 695d of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, 5, 49 Stat. 1563).
Fees for witnesses and interpreters, see section 3495 of this title.
Regulations as to commissions and fees of witnesses, etc., see
section 3496 of this title.
18 USC 3495. Fees and expenses of consuls, counsel, interpreters and
witnesses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The consular fees prescribed under section 1201 of Title 22, for
official services in connection with the taking of testimony under
sections 3492-3494 of this title, and the fees of any witness whose
testimony is taken shall be paid by the party who applied for the
commission pursuant to which such testimony was taken. Every witness
under section 3493 of this title shall be entitled to receive, for each
day's attendance, fees prescribed under section 3496 of this title.
Every foreign counsel selected pursuant to a commission issued on
application of the United States, and every interpreter whose services
are required by a consular officer under section 3493 of this title,
shall be paid by the United States, such compensation, together with
such personal and incidental expense upon verified statements filed with
the consular officer, as he may allow. Compensation and expenses of
foreign counsel selected pursuant to a commission issued on application
of any party other than the United States shall be paid by the party
whom such counsel represents and shall be allowed in the same manner.
(b) Whenever any party makes affidavit, prior to the issuance of a
commission for the purpose of taking testimony, that he is not possessed
of sufficient means and is actually unable to pay any fees and costs
incurred under this section, such fees and costs shall, upon order of
the court, be paid in the same manner as fees and costs are paid which
are chargeable to the United States.
(c) Any appropriation available for the payment of fees and costs in
the case of witnesses subpenaed in behalf of the United States in
criminal cases shall be available for any fees or costs which the United
States is required to pay under this section.
(June 25, 1948, ch. 645, 62 Stat. 836; May 24, 1949, ch. 139, 54,
63 Stat. 96.)
Based on section 695f of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, 7, 49 Stat. 1564).
This section (section 54) corrects the reference in the first
sentence of section 3495(a) of title 18, U.S.C., because the provisions
which were formerly set out as section 127 of title 22, U.S.C., are now
set out as section 1201 of such title.
Section 1201 of Title 22, referred to in subsec. (a), was
transferred to section 4219 of Title 22, Foreign Relations and
Intercourse.
1949 -- Subsec. (a). Act May 24, 1949, substituted ''section 1201''
for ''section 127''.
18 USC 3496. Regulations by President as to commissions, fees of
witnesses, counsel and interpreters
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The President is authorized to prescribe regulations governing the
manner of executing and returning commissions by consular officers under
the provisions of sections 3492-3494 of this title and schedules of fees
allowable to witnesses, foreign counsel, and interpreters under section
3495 of this title.
(June 25, 1948, ch. 645, 62 Stat. 836.)
Based on section 695g of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary (June 20, 1936, ch. 640, 8, 49 Stat. 1564).
Ex. Ord. No. 10307, Nov. 23, 1951, 16 F.R. 11907, provided:
By virtue of the authority vested in me by the act of August 8, 1950,
64 Stat. 419 (3 U.S.C. Supp. 301-303), I hereby delegate to the
Secretary of State (1) the authority vested in the President by section
3496 of title 18 of the United States Code (62 Stat. 836) to prescribe
regulations governing the manner of executing and returning commissions
by consular officers under the provisions of sections 3492-3494 of the
said title, and schedules of fees allowable to witnesses, foreign
counsel, and interpreters under section 3495 of the said title, and (2)
the authority vested in the President by section 3492(c) of title 18 of
the United States Code (62 Stat. 835) to prescribe regulations making
the provisions of sections 3492-3496 of the said title applicable to
diplomatic officers.
Executive Order No. 8298 of December 4, 1939, entitled ''Regulations
Governing the Manner of Executing and Returning Commissions by Officers
of the Foreign Service in Criminal Cases, and Schedule of Fees and
Compensation in Such Cases'', is hereby revoked.
18 USC 3497. Account as evidence of embezzlement
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Upon the trial of any indictment against any person for embezzling
public money it shall be sufficient evidence, prima facie, for the
purpose of showing a balance against such person, to produce a
transcript from the books and proceedings of the General Accounting
Office.
(June 25, 1948, ch. 645, 62 Stat. 836.)
Based on title 18, U.S.C., 1940 ed., 179, 355; section 668 of
title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (R.S. 887;
Mar. 4, 1909, ch. 321, 93, 225, 35 Stat. 1105, 1133; June 10, 1921,
ch. 18, 304, 42 Stat. 24).
This section is a consolidation of section 179 of title 18, U.S.C.,
1940 ed., with similar provisions of section 355 of title 18, U.S.C.,
1940 ed., and section 668 of title 28, U.S.C., 1940 ed., Judicial Code
and Judiciary, with changes of phraseology only except that ''General
Accounting Office'' was substituted for ''Treasury Department''.
Other provisions of said section 355 of title 18, U.S.C., 1940 ed.,
are incorporated in section 1711 of this title.
Words in second sentence of said section 355 of title 18, U.S.C.,
1940 ed., which preceded the semicolon therein and which read ''Any
failure to produce or to pay over any such money or property, when
required so to do as above provided, shall be taken to be prima facie
evidence of such embezzlement'' were omitted as surplusage, because such
failure to produce or to pay over such money or property constitutes
embezzlement. (See sections 653 and 1711 of this title.)
Accounting generally for public money, see section 643 of this title.
Admissibility of Government records and papers, see section 1733 of
Title 28, Judiciary and Judicial Procedure.
Certified transcripts of General Accounting Office admissible in
evidence, see section 704 of Title 31, Money and Finance.
Embezzlement of public money, see section 641 of this title.
Refusal to pay as evidence of embezzlement, see section 3487 of this
title.
18 USC 3498. Depositions -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Time, manner and conditions of taking depositions; costs; notice;
use; objections; written interrogatories, Rule 15.
Subpoenas on taking depositions, Rule 17(f).
(June 25, 1948, ch. 645, 62 Stat. 836.)
18 USC 3499. Contempt of court by witness -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Disobedience of subpoena without excuse as contempt, Rule 17(g).
(June 25, 1948, ch. 645, 62 Stat. 836.)
18 USC 3500. Demands for production of statements and reports of
witnesses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In any criminal prosecution brought by the United States, no
statement or report in the possession of the United States which was
made by a Government witness or prospective Government witness (other
than the defendant) shall be the subject of subpena, discovery, or
inspection until said witness has testified on direct examination in the
trial of the case.
(b) After a witness called by the United States has testified on
direct examination, the court shall, on motion of the defendant, order
the United States to produce any statement (as hereinafter defined) of
the witness in the possession of the United States which relates to the
subject matter as to which the witness has testified. If the entire
contents of any such statement relate to the subject matter of the
testimony of the witness, the court shall order it to be delivered
directly to the defendant for his examination and use.
(c) If the United States claims that any statement ordered to be
produced under this section contains matter which does not relate to the
subject matter of the testimony of the witness, the court shall order
the United States to deliver such statement for the inspection of the
court in camera. Upon such delivery the court shall excise the portions
of such statement which do not relate to the subject matter of the
testimony of the witness. With such material excised, the court shall
then direct delivery of such statement to the defendant for his use.
If, pursuant to such procedure, any portion of such statement is
withheld from the defendant and the defendant objects to such
withholding, and the trial is continued to an adjudication of the guilt
of the defendant, the entire text of such statement shall be preserved
by the United States and, in the event the defendant appeals, shall be
made available to the appellate court for the purpose of determining the
correctness of the ruling of the trial judge. Whenever any statement is
delivered to a defendant pursuant to this section, the court in its
discretion, upon application of said defendant, may recess proceedings
in the trial for such time as it may determine to be reasonably required
for the examination of such statement by said defendant and his
preparation for its use in the trial.
(d) If the United States elects not to comply with an order of the
court under subsection (b) or (c) hereof to deliver to the defendant any
such statement, or such portion thereof as the court may direct, the
court shall strike from the record the testimony of the witness, and the
trial shall proceed unless the court in its discretion shall determine
that the interests of justice require that a mistrial be declared.
(e) The term ''statement'', as used in subsections (b), (c), and (d)
of this section in relation to any witness called by the United States,
means --
(1) a written statement made by said witness and signed or otherwise
adopted or approved by him;
(2) a stenographic, mechanical, electrical, or other recording, or a
transcription thereof, which is a substantially verbatim recital of an
oral statement made by said witness and recorded contemporaneously with
the making of such oral statement; or
(3) a statement, however taken or recorded, or a transcription
thereof, if any, made by said witness to a grand jury.
(Added Pub. L. 85-269, Sept. 2, 1957, 71 Stat. 595; amended Pub. L.
91-452, title I, 102, Oct. 15, 1970, 84 Stat. 926.)
1970 -- Subsec. (a). Pub. L. 91-452, 102(a), struck out ''to an
agent of the Government'' after ''(other than the defendant)''.
Subsec. (d). Pub. L. 91-452, 102(b), substituted ''subsection'' for
''paragraph''.
Subsec. (e). Pub. L. 91-452, 102(c), (d), struck out ''or'' after
''by him;'' in par. (1), struck out ''to an agent of the Government''
after ''said witness'' in par. (2), and added par. (3).
Applicability of section to Canal Zone, see section 14 of this title.
18 USC 3501. Admissibility of confessions
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In any criminal prosecution brought by the United States or by
the District of Columbia, a confession, as defined in subsection (e)
hereof, shall be admissible in evidence if it is voluntarily given.
Before such confession is received in evidence, the trial judge shall,
out of the presence of the jury, determine any issue as to
voluntariness. If the trial judge determines that the confession was
voluntarily made it shall be admitted in evidence and the trial judge
shall permit the jury to hear relevant evidence on the issue of
voluntariness and shall instruct the jury to give such weight to the
confession as the jury feels it deserves under all the circumstances.
(b) The trial judge in determining the issue of voluntariness shall
take into consideration all the circumstances surrounding the giving of
the confession, including (1) the time elapsing between arrest and
arraignment of the defendant making the confession, if it was made after
arrest and before arraignment, (2) whether such defendant knew the
nature of the offense with which he was charged or of which he was
suspected at the time of making the confession, (3) whether or not such
defendant was advised or knew that he was not required to make any
statement and that any such statement could be used against him, (4)
whether or not such defendant had been advised prior to questioning of
his right to the assistance of counsel; and (5) whether or not such
defendant was without the assistance of counsel when questioned and when
giving such confession.
The presence or absence of any of the above-mentioned factors to be
taken into consideration by the judge need not be conclusive on the
issue of voluntariness of the confession.
(c) In any criminal prosecution by the United States or by the
District of Columbia, a confession made or given by a person who is a
defendant therein, while such person was under arrest or other detention
in the custody of any law-enforcement officer or law-enforcement agency,
shall not be inadmissible solely because of delay in bringing such
person before a magistrate or other officer empowered to commit persons
charged with offenses against the laws of the United States or of the
District of Columbia if such confession is found by the trial judge to
have been made voluntarily and if the weight to be given the confession
is left to the jury and if such confession was made or given by such
person within six hours immediately following his arrest or other
detention: Provided, That the time limitation contained in this
subsection shall not apply in any case in which the delay in bringing
such person before such magistrate or other officer beyond such six-hour
period is found by the trial judge to be reasonable considering the
means of transportation and the distance to be traveled to the nearest
available such magistrate or other officer.
(d) Nothing contained in this section shall bar the admission in
evidence of any confession made or given voluntarily by any person to
any other person without interrogation by anyone, or at any time at
which the person who made or gave such confession was not under arrest
or other detention.
(e) As used in this section, the term ''confession'' means any
confession of guilt of any criminal offense or any self-incriminating
statement made or given orally or in writing.
(Added Pub. L. 90-351, title II, 701(a), June 19, 1968, 82 Stat.
210; amended Pub. L. 90-578, title III, 301(a)(3), Oct. 17, 1968, 82
Stat. 1115.)
1968 -- Subsec. (c). Pub. L. 90-578 substituted ''magistrate'' for
''commissioner'' wherever appearing.
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.
18 USC 3502. Admissibility in evidence of eye witness testimony
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The testimony of a witness that he saw the accused commit or
participate in the commission of the crime for which the accused is
being tried shall be admissible in evidence in a criminal prosecution in
any trial court ordained and established under article III of the
Constitution of the United States.
(Added Pub. L. 90-351, title II, 701(a), June 19, 1968, 82 Stat.
211.)
18 USC 3503. Depositions to preserve testimony
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Whenever due to exceptional circumstances it is in the interest
of justice that the testimony of a prospective witness of a party be
taken and preserved, the court at any time after the filing of an
indictment or information may upon motion of such party and notice to
the parties order that the testimony of such witness be taken by
deposition and that any designated book, paper, document, record,
recording, or other material not privileged be produced at the same time
and place. If a witness is committed for failure to give bail to appear
to testify at a trial or hearing, the court on written motion of the
witness and upon notice to the parties may direct that his deposition be
taken. After the deposition has been subscribed the court may discharge
the witness. A motion by the Government to obtain an order under this
section shall contain certification by the Attorney General or his
designee that the legal proceeding is against a person who is believed
to have participated in an organized criminal activity.
(b) The party at whose instance a deposition is to be taken shall
give to every party reasonable written notice of the time and place for
taking the deposition. The notice shall state the name and address of
each person to be examined. On motion of a party upon whom the notice
is served, the court for cause shown may extend or shorten the time or
change the place for taking the deposition. The officer having custody
of a defendant shall be notified of the time and place set for the
examination, and shall produce him at the examination and keep him in
the presence of the witness during the examination. A defendant not in
custody shall have the right to be present at the examination, but his
failure, absent good cause shown, to appear after notice and tender of
expenses shall constitute a waiver of that right and of any objection to
the taking and use of the deposition based upon that right.
(c) If a defendant is without counsel, the court shall advise him of
his rights and assign counsel to represent him unless the defendant
elects to proceed without counsel or is able to obtain counsel of his
own choice. Whenever a deposition is taken at the instance of the
Government, or whenever a deposition is taken at the instance of a
defendant who appears to be unable to bear the expense of the taking of
the deposition, the court may direct that the expenses of travel and
subsistence of the defendant and his attorney for attendance at the
examination shall be paid by the Government. In such event the marshal
shall make payment accordingly.
(d) A deposition shall be taken and filed in the manner provided in
civil actions, provided that (1) in no event shall a deposition be taken
of a party defendant without his consent, and (2) the scope of
examination and cross-examination shall be such as would be allowed in
the trial itself. On request or waiver by the defendant the court may
direct that a deposition be taken on written interrogatories in the
manner provided in civil actions. Such request shall constitute a
waiver of any objection to the taking and use of the deposition based
upon its being so taken.
(e) The Government shall make available to the defendant for his
examination and use at the taking of the deposition any statement of the
witness being deposed which is in the possession of the Government and
which the Government would be required to make available to the
defendant if the witness were testifying at the trial.
(f) At the trial or upon any hearing, a part or all of a deposition,
so far as otherwise admissible under the rules of evidence, may be used
if it appears: That the witness is dead; or that the witness is out of
the United States, unless it appears that the absence of the witness was
procured by the party offering the deposition; or that the witness is
unable to attend or testify because of sickness or infirmity; or that
the witness refuses in the trial or hearing to testify concerning the
subject of the deposition or part offered; or that the party offering
the deposition has been unable to procure the attendance of the witness
by subpena. Any deposition may also be used by any party for the
purpose of contradicting or impeaching the testimony of the deponent as
a witness. If only a part of a deposition is offered in evidence by a
party, an adverse party may require him to offer all of it which is
relevant to the part offered and any party may offer other parts.
(g) Objections to receiving in evidence a deposition or part thereof
may be made as provided in civil actions.
(Added Pub. L. 91-452, title VI, 601(a), Oct. 15, 1970, 84 Stat.
934.)
18 USC 3504. Litigation concerning sources of evidence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body, or
other authority of the United States --
(1) upon a claim by a party aggrieved that evidence is inadmissible
because it is the primary product of an unlawful act or because it was
obtained by the exploitation of an unlawful act, the opponent of the
claim shall affirm or deny the occurrence of the alleged unlawful act;
(2) disclosure of information for a determination if evidence is
inadmissible because it is the primary product of an unlawful act
occurring prior to June 19, 1968, or because it was obtained by the
exploitation of an unlawful act occurring prior to June 19, 1968, shall
not be required unless such information may be relevant to a pending
claim of such inadmissibility; and
(3) no claim shall be considered that evidence of an event is
inadmissible on the ground that such evidence was obtained by the
exploitation of an unlawful act occurring prior to June 19, 1968, if
such event occurred more than five years after such allegedly unlawful
act.
(b) As used in this section ''unlawful act'' means any act the use of
any electronic, mechanical, or other device (as defined in section
2510(5) of this title) in violation of the Constitution or laws of the
United States or any regulation or standard promulgated pursuant
thereto.
(Added Pub. L. 91-452, title VII, 702(a), Oct. 15, 1970, 84 Stat.
935.)
Section 701 of title VII of Pub. L. 91-452 provided that: ''The
Congress finds that claims that evidence offered in proceedings was
obtained by the exploitation of unlawful acts, and is therefore
inadmissible in evidence, (1) often cannot reliably be determined when
such claims concern evidence of events occurring years after the
allegedly unlawful act, and (2) when the allegedly unlawful act has
occurred more than five years prior to the event in question, there is
virtually no likelihood that the evidence offered to prove the event has
been obtained by the exploitation of that allegedly unlawful act.''
Section 703 of title VII of Pub. L. 91-452 provided that: ''This
title (enacting this section and provisions set as notes under this
section) shall apply to all proceedings, regardless of when commenced,
occurring after the date of its enactment (Oct. 15, 1970). Paragraph
(3) of subsection (a) of section 3504, chapter 223, title 18, United
States Code, shall not apply to any proceeding in which all information
to be relied upon to establish inadmissibility was possessed by the
party making such claim and adduced in such proceeding prior to such
enactment.''
18 USC 3505. Foreign records of regularly conducted activity
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) In a criminal proceeding in a court of the United States, a
foreign record of regularly conducted activity, or a copy of such
record, shall not be excluded as evidence by the hearsay rule if a
foreign certification attests that --
(A) such record was made, at or near the time of the occurrence of
the matters set forth, by (or from information transmitted by) a person
with knowledge of those matters;
(B) such record was kept in the course of a regularly conducted
business activity;
(C) the business activity made such a record as a regular practice;
and
(D) if such record is not the original, such record is a duplicate of
the original;
unless the source of information or the method or circumstances of
preparation indicate lack of trustworthiness.
(2) A foreign certification under this section shall authenticate
such record or duplicate.
(b) At the arraignment or as soon after the arraignment as
practicable, a party intending to offer in evidence under this section a
foreign record of regularly conducted activity shall provide written
notice of that intention to each other party. A motion opposing
admission in evidence of such record shall be made by the opposing party
and determined by the court before trial. Failure by a party to file
such motion before trial shall constitute a waiver of objection to such
record or duplicate, but the court for cause shown may grant relief from
the waiver.
(c) As used in this section, the term --
(1) ''foreign record of regularly conducted activity'' means a
memorandum, report, record, or data compilation, in any form, of acts,
events, conditions, opinions, or diagnoses, maintained in a foreign
country;
(2) ''foreign certification'' means a written declaration made and
signed in a foreign country by the custodian of a foreign record of
regularly conducted activity or another qualified person that, if
falsely made, would subject the maker to criminal penalty under the laws
of that country; and
(3) ''business'' includes business, institution, association,
profession, occupation, and calling of every kind, whether or not
conducted for profit.
(Added Pub. L. 98-473, title II, 1217(a), Oct. 12, 1984, 98 Stat.
2165.)
Section 1220 of part K ( 1217-1220) of chapter XII of title II of
Pub. L. 98-473 provided that: ''This part and the amendments made by
this part (enacting this section and sections 3292, 3506, and 3507 of
this title and amending section 3161 of this title) shall take effect
thirty days after the date of the enactment of this Act (Oct. 12,
1984).''
18 USC 3506. Service of papers filed in opposition to official request
by United States to foreign government for criminal evidence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Except as provided in subsection (b) of this section, any
national or resident of the United States who submits, or causes to be
submitted, a pleading or other document to a court or other authority in
a foreign country in opposition to an official request for evidence of
an offense shall serve such pleading or other document on the Attorney
General at the time such pleading or other document is submitted.
(b) Any person who is a party to a criminal proceeding in a court of
the United States who submits, or causes to be submitted, a pleading or
other document to a court or other authority in a foreign country in
opposition to an official request for evidence of an offense that is a
subject of such proceeding shall serve such pleading or other document
on the appropriate attorney for the Government, pursuant to the Federal
Rules of Criminal Procedure, at the time such pleading or other document
is submitted.
(c) As used in this section, the term ''official request'' means a
letter rogatory, a request under a treaty or convention, or any other
request for evidence made by a court of the United States or an
authority of the United States having criminal law enforcement
responsibility, to a court or other authority of a foreign country.
(Added Pub. L. 98-473, title II, 1217(a), Oct. 12, 1984, 98 Stat.
2166.)
Section effective 30 days after Oct. 12, 1984, see section 1220 of
Pub. L. 98-473, set out as a note under section 3505 of this title.
18 USC 3507. Special master at foreign deposition
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Upon application of a party to a criminal case, a United States
district court before which the case is pending may, to the extent
permitted by a foreign country, appoint a special master to carry out at
a deposition taken in that country such duties as the court may direct,
including presiding at the deposition or serving as an advisor on
questions of United States law. Notwithstanding any other provision of
law, a special master appointed under this section shall not decide
questions of privilege under foreign law. The refusal of a court to
appoint a special master under this section, or of the foreign country
to permit a special master appointed under this section to carry out a
duty at a deposition in that country, shall not affect the admissibility
in evidence of a deposition taken under the provisions of the Federal
Rules of Criminal Procedure.
(Added Pub. L. 98-473, title II, 1217(a), Oct. 12, 1984, 98 Stat.
2166.)
Section effective 30 days after Oct. 12, 1984, see section 1220 of
Pub. L. 98-473, set out as a note under section 3505 of this title.
18 USC 3508. Custody and return of foreign witnesses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) When the testimony of a person who is serving a sentence, is in
pretrial detention, or is otherwise being held in custody, in a foreign
country, is needed in a State or Federal criminal proceeding, the
Attorney General shall, when he deems it appropriate in the exercise of
his discretion, have the authority to request the temporary transfer of
that person to the United States for the purposes of giving such
testimony, to transport such person to the United States in custody, to
maintain the custody of such person while he is in the United States,
and to return such person to the foreign country.
(b) Where the transfer to the United States of a person in custody
for the purposes of giving testimony is provided for by treaty or
convention, by this section, or both, that person shall be returned to
the foreign country from which he is transferred. In no event shall the
return of such person require any request for extradition or extradition
proceedings, or proceedings under the immigration laws.
(c) Where there is a treaty or convention between the United States
and the foreign country in which the witness is being held in custody
which provides for the transfer, custody and return of such witnesses,
the terms and conditions of that treaty shall apply. Where there is no
such treaty or convention, the Attorney General may exercise the
authority described in paragraph (a) if both the foreign country and the
witness give their consent.
(Added Pub. L. 100-690, title VI, 6484(a), Nov. 18, 1988, 102 Stat.
4384.)
The immigration laws, referred to in subsec. (b), are classified
generally to chapter 12 ( 1101 et seq.) of Title 8, Aliens and
Nationality. See also section 1101(a)(17) of Title 8.
18 USC 3509. Child victims' and child witnesses' rights
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Definitions. -- For purposes of this section --
(1) the term ''adult attendant'' means an adult described in
subsection (i) who accompanies a child throughout the judicial process
for the purpose of providing emotional support;
(2) the term ''child'' means a person who is under the age of 18, who
is or is alleged to be --
(A) a victim of a crime of physical abuse, sexual abuse, or
exploitation; or
(B) a witness to a crime committed against another person;
(3) the term ''child abuse'' means the physical or mental injury,
sexual abuse or exploitation, or negligent treatment of a child;
(4) the term ''physical injury'' includes lacerations, fractured
bones, burns, internal injuries, severe bruising or serious bodily harm;
(5) the term ''mental injury'' means harm to a child's psychological
or intellectual functioning which may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior, or a combination
of those behaviors, which may be demonstrated by a change in behavior,
emotional response, or cognition;
(6) the term ''exploitation'' means child pornography or child
prostitution; /1/
(7) the term ''multidisciplinary child abuse team'' means a
professional unit composed of representatives from health, social
service, law enforcement, and legal service agencies to coordinate the
assistance needed to handle cases of child abuse;
(8) the term ''sexual abuse'' includes the employment, use,
persuasion, inducement, enticement, or coercion of a child to engage in,
or assist another person to engage in, sexually explicit conduct or the
rape, molestation, prostitution, or other form of sexual exploitation of
children, or incest with children;
(9) the term ''sexually explicit conduct'' means actual or simulated
--
(A) sexual intercourse, including sexual contact in the manner of
genital-genital, oral-genital, anal-genital, or oral-anal contact,
whether between persons of the same or of opposite sex; sexual contact
means the intentional touching, either directly or through clothing, of
the genitalia, anus, groin, breast, inner thigh, or buttocks of any
person with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify sexual desire of any person;
(B) bestiality;
(C) masturbation;
(D) lascivious exhibition of the genitals or pubic area of a person
or animal; or
(E) sadistic or masochistic abuse;
(10) the term ''sex crime'' means an act of sexual abuse that is a
criminal act;
(11) the term ''exploitation'' means child pornography or child
prostitution; /1/
(12) the term ''negligent treatment'' means the failure to provide,
for reasons other than poverty, adequate food, clothing, shelter, or
medical care so as to seriously endanger the physical health of the
child; and
(13) the term ''child abuse'' does not include discipline
administered by a parent or legal guardian to his or her child provided
it is reasonable in manner and moderate in degree and otherwise does not
constitute cruelty.
(b) Alternatives to Live In-Court Testimony. --
(1) Child's live testimony by 2-way closed circuit television. --
(A) In a proceeding involving an alleged offense against a child, the
attorney for the government, /2/ the child's attorney, or a guardian ad
litem appointed under subdivision /3/ (h) may apply for an order that
the child's testimony be taken in a room outside the courtroom and be
televised by 2-way closed circuit television. The person seeking such
an order shall apply for such an order at least 5 days before the trial
date, unless the court finds on the record that the need for such an
order was not reasonably foreseeable.
(B) The court may order that the testimony of the child be taken by
closed-circuit television as provided in subparagraph (A) if the court
finds that the child is unable to testify in open court in the presence
of the defendant, for any of the following reasons:
(i) The child is unable to testify because of fear.
(ii) There is a substantial likelihood, established by expert
testimony, that the child would suffer emotional trauma from testifying.
(iii) The child suffers a mental or other infirmity.
(iv) Conduct by defendant or defense counsel causes the child to be
unable to continue testifying.
(C) The court shall support a ruling on the child's inability to
testify with findings on the record. In determining whether the impact
on an individual child of one or more of the factors described in
subparagraph (B) is so substantial as to justify an order under
subparagraph (A), the court may question the minor in chambers, or at
some other comfortable place other than the courtroom, on the record for
a reasonable period of time with the child attendant, the prosecutor,
the child's attorney, the guardian ad litem, and the defense counsel
present.
(D) If the court orders the taking of testimony by television, the
attorney for the government /4/ and the attorney for the defendant not
including an attorney pro se for a party shall be present in a room
outside the courtroom with the child and the child shall be subjected to
direct and cross-examination. The only other persons who may be
permitted in the room with the child during the child's testimony are --
(i) the child's attorney or guardian ad litem appointed under
subdivision /5/ (h);
(ii) persons necessary to operate the closed-circuit television
equipment;
(iii) a judicial officer, appointed by the court; and
(iv) other persons whose presence is determined by the court to be
necessary to the welfare and well-being of the child, including an adult
attendant.
The child's testimony shall be transmitted by closed circuit
television into the courtroom for viewing and hearing by the defendant,
jury, judge, and public. The defendant shall be provided with the means
of private, contemporaneous communication with the defendant's attorney
during the testimony. The closed circuit television transmission shall
relay into the room in which the child is testifying the defendant's
image, and the voice of the judge.
(2) Videotaped deposition of child. -- (A) In a proceeding involving
an alleged offense against a child, the attorney for the government, /4/
the child's attorney, the child's parent or legal guardian, or the
guardian ad litem appointed under subdivision /5/ (h) may apply for an
order that a deposition be taken of the child's testimony and that the
deposition be recorded and preserved on videotape.
(B)(i) Upon timely receipt of an application described in
subparagraph (A), the court shall make a preliminary finding regarding
whether at the time of trial the child is likely to be unable to testify
in open court in the physical presence of the defendant, jury, judge,
and public for any of the following reasons:
(I) The child will be unable to testify because of fear.
(II) There is a substantial likelihood, established by expert
testimony, that the child would suffer emotional trauma from testifying
in open court.
(III) The child suffers a mental or other infirmity.
(IV) Conduct by defendant or defense counsel causes the child to be
unable to continue testifying.
(ii) If the court finds that the child is likely to be unable to
testify in open court for any of the reasons stated in clause (i), the
court shall order that the child's deposition be taken and preserved by
videotape.
(iii) The trial judge shall preside at the videotape deposition of a
child and shall rule on all questions as if at trial. The only other
persons who may be permitted to be present at the proceeding are --
(I) the attorney for the Government;
(II) the attorney for the defendant;
(III) the child's attorney or guardian ad litem appointed under
subdivision /5/ (h);
(IV) persons necessary to operate the videotape equipment;
(V) subject to clause (iv), the defendant; and
(VI) other persons whose presence is determined by the court to be
necessary to the welfare and well-being of the child.
The defendant shall be afforded the rights applicable to defendants
during trial, including the right to an attorney, the right to be
confronted with the witness against the defendant, and the right to
cross-examine the child.
(iv) If the preliminary finding of inability under clause (i) is
based on evidence that the child is unable to testify in the physical
presence of the defendant, the court may order that the defendant,
including a defendant represented pro se, be excluded from the room in
which the deposition is conducted. If the court orders that the
defendant be excluded from the deposition room, the court shall order
that 2-way closed circuit television equipment relay the defendant's
image into the room in which the child is testifying, and the child's
testimony into the room in which the defendant is viewing the
proceeding, and that the defendant be provided with a means of private,
contemporaneous communication with the defendant's attorney during the
deposition.
(v) Handling of videotape. -- The complete record of the examination
of the child, including the image and voices of all persons who in any
way participate in the examination, shall be made and preserved on video
tape in addition to being stenographically recorded. The videotape
shall be transmitted to the clerk of the court in which the action is
pending and shall be made available for viewing to the prosecuting
attorney, the defendant, and the defendant's attorney during ordinary
business hours.
(C) If at the time of trial the court finds that the child is unable
to testify as for a reason described in subparagraph (B)(i), the court
may admit into evidence the child's videotaped deposition in lieu of the
child's testifying at the trial. The court shall support a ruling under
this subparagraph with findings on the record.
(D) Upon timely receipt of notice that new evidence has been
discovered after the original videotaping and before or during trial,
the court, for good cause shown, may order an additional videotaped
deposition. The testimony of the child shall be restricted to the
matters specified by the court as the basis for granting the order.
(E) In connection with the taking of a videotaped deposition under
this paragraph, the court may enter a protective order for the purpose
of protecting the privacy of the child.
(F) The videotape of a deposition taken under this paragraph shall be
destroyed 5 years after the date on which the trial court entered its
judgment, but not before a final judgment is entered on appeal including
Supreme Court review. The videotape shall become part of the court
record and be kept by the court until it is destroyed.
(c) Competency Examinations. --
(1) Effect of federal rules of evidence. -- Nothing in this
subdivision /6/ shall be construed to abrogate rule 601 of the Federal
Rules of Evidence.
(2) Presumption. -- A child is presumed to be competent.
(3) Requirement of written motion. -- A competency examination
regarding a child witness may be conducted by the court only upon
written motion and offer of proof of incompetency by a party.
(4) Requirement of compelling reasons. -- A competency examination
regarding a child may be conducted only if the court determines, on the
record, that compelling reasons exist. A child's age alone is not a
compelling reason.
(5) Persons permitted to be present. -- The only persons who may be
permitted to be present at a competency examination are --
(A) the judge;
(B) the attorney for the government; /7/
(C) the attorney for the defendant;
(D) a court reporter; and
(E) persons whose presence, in the opinion of the court, is necessary
to the welfare and well-being of the child, including the child's
attorney, guardian ad litem, or adult attendant.
(6) Not before jury. -- A competency examination regarding a child
witness shall be conducted out of the sight and hearing of a jury.
(7) Direct examination of child. -- Examination of a child related to
competency shall normally be conducted by the court on the basis of
questions submitted by the attorney for the Government and the attorney
for the defendant including a party acting as an attorney pro se. The
court may permit an attorney but not a party acting as an attorney pro
se to examine a child directly on competency if the court is satisfied
that the child will not suffer emotional trauma as a result of the
examination.
(8) Appropriate questions. -- The questions asked at the competency
examination of a child shall be appropriate to the age and developmental
level of the child, shall not be related to the issues at trial, and
shall focus on determining the child's ability to understand and answer
simple questions.
(9) Psychological and psychiatric examinations. -- Psychological and
psychiatric examinations to assess the competency of a child witness
shall not be ordered without a showing of compelling need.
(d) Privacy Protection. --
(1) Confidentiality of information. -- (A) A person acting in a
capacity described in subparagraph (B) in connection with a criminal
proceeding shall --
(i) keep all documents that disclose the name or any other
information concerning a child in a secure place to which no person who
does not have reason to know their contents has access; and
(ii) disclose documents described in clause (i) or the information in
them that concerns a child only to persons who, by reason of their
participation in the proceeding, have reason to know such information.
(B) Subparagraph (A) applies to --
(i) all employees of the Government connected with the case,
including employees of the Department of Justice, any law enforcement
agency involved in the case, and any person hired by the government /7/
to provide assistance in the proceeding;
(ii) employees of the court;
(iii) the defendant and employees of the defendant, including the
attorney for the defendant and persons hired by the defendant or the
attorney for the defendant to provide assistance in the proceeding; and
(iv) members of the jury.
(2) Filing under seal. -- All papers to be filed in court that
disclose the name of or any other information concerning a child shall
be filed under seal without necessity of obtaining a court order. The
person who makes the filing shall submit to the clerk of the court --
(A) the complete paper to be kept under seal; and
(B) the paper with the portions of it that disclose the name of or
other information concerning a child redacted, to be placed in the
public record.
(3) Protective orders. -- (A) On motion by any person the court may
issue an order protecting a child from public disclosure of the name of
or any other information concerning the child in the course of the
proceedings, if the court determines that there is a significant
possibility that such disclosure would be detrimental to the child.
(B) A protective order issued under subparagraph (A) may --
(i) provide that the testimony of a child witness, and the testimony
of any other witness, when the attorney who calls the witness has reason
to anticipate that the name of or any other information concerning a
child may be divulged in the testimony, be taken in a closed courtroom;
and
(ii) provide for any other measures that may be necessary to protect
the privacy of the child.
(4) Disclosure of information. -- This subdivision /8/ does not
prohibit disclosure of the name of or other information concerning a
child to the defendant, the attorney for the defendant, a
multidisciplinary child abuse team, a guardian ad litem, or an adult
attendant, or to anyone to whom, in the opinion of the court, disclosure
is necessary to the welfare and well-being of the child.
(e) Closing the Courtroom. -- When a child testifies the court may
order the exclusion from the courtroom of all persons, including members
of the press, who do not have a direct interest in the case. Such an
order may be made if the court determines on the record that requiring
the child to testify in open court would cause substantial psychological
harm to the child or would result in the child's inability to
effectively communicate. Such an order shall be narrowly tailored to
serve the government's /9/ specific compelling interest.
(f) Victim Impact Statement. -- In preparing the presentence report
pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the
probation officer shall request information from the multidisciplinary
child abuse team and other appropriate sources to determine the impact
of the offense on the child victim and any other children who may have
been affected. A guardian ad litem appointed under subdivision /8/ (h)
shall make every effort to obtain and report information that accurately
expresses the child's and the family's views concerning the child's
victimization. A guardian ad litem shall use forms that permit the
child to express the child's views concerning the personal consequences
of the child's victimization, at a level and in a form of communication
commensurate with the child's age and ability.
(g) Use of Multidisciplinary Child Abuse Teams. --
(1) In general. -- A multidisciplinary child abuse team shall be used
when it is feasible to do so. The court shall work with State and local
governments that have established multidisciplinary child abuse teams
designed to assist child victims and child witnesses, and the court and
the attorney for the government /9/ shall consult with the
multidisciplinary child abuse team as appropriate.
(2) Role of multidisciplinary child abuse teams. -- The role of the
multidisciplinary child abuse team shall be to provide for a child
services that the members of the team in their professional roles are
capable of providing, including --
(A) medical diagnoses and evaluation services, including provision or
interpretation of x-rays, laboratory tests, and related services, as
needed, and documentation of findings;
(B) telephone consultation services in emergencies and in other
situations;
(C) medical evaluations related to abuse or neglect;
(D) psychological and psychiatric diagnoses and evaluation services
for the child, parent or parents, guardian or guardians, or other
caregivers, or any other individual involved in a child victim or child
witness case;
(E) expert medical, psychological, and related professional
testimony;
(F) case service coordination and assistance, including the location
of services available from public and private agencies in the community;
and
(G) training services for judges, litigators, court officers and
others that are involved in child victim and child witness cases, in
handling child victims and child witnesses.
(h) Guardian Ad Litem. --
(1) In general. -- The court may appoint a guardian ad litem for a
child who was a victim of, or a witness to, a crime involving abuse or
exploitation to protect the best interests of the child. In making the
appointment, the court shall consider a prospective guardian's
background in, and familiarity with, the judicial process, social
service programs, and child abuse issues. The guardian ad litem shall
not be a person who is or may be a witness in a proceeding involving the
child for whom the guardian is appointed.
(2) Duties of guardian ad litem. -- A guardian ad litem may attend
all the depositions, hearings, and trial proceedings in which a child
participates, and make recommendations to the court concerning the
welfare of the child. The guardian ad litem may have access to all
reports, evaluations and records, except attorney's work product,
necessary to effectively advocate for the child. (The extent of access
to grand jury materials is limited to the access routinely provided to
victims and their representatives.) A guardian ad litem shall marshal
and coordinate the delivery of resources and special services to the
child. A guardian ad litem shall not be compelled to testify in any
court action or proceeding concerning any information or opinion
received from the child in the course of serving as a guardian ad litem.
(3) Immunities. -- A guardian ad litem shall be presumed to be acting
in good faith and shall be immune from civil and criminal liability for
complying with the guardian's lawful duties described in subpart /10/
(2).
(i) Adult Attendant. -- A child testifying at or attending a judicial
proceeding shall have the right to be accompanied by an adult attendant
to provide emotional support to the child. The court, at its
discretion, may allow the adult attendant to remain in close physical
proximity to or in contact with the child while the child testifies.
The court may allow the adult attendant to hold the child's hand or
allow the child to sit on the adult attendant's lap throughout the
course of the proceeding. An adult attendant shall not provide the
child with an answer to any question directed to the child during the
course of the child's testimony or otherwise prompt the child. The
image of the child attendant, for the time the child is testifying or
being deposed, shall be recorded on videotape.
(j) Speedy Trial. -- In a proceeding in which a child is called to
give testimony, on motion by the attorney for the Government or a
guardian ad litem, or on its own motion, the court may designate the
case as being of special public importance. In cases so designated, the
court shall, consistent with these rules, expedite the proceeding and
ensure that it takes precedence over any other. The court shall ensure
a speedy trial in order to minimize the length of time the child must
endure the stress of involvement with the criminal process. When
deciding whether to grant a continuance, the court shall take into
consideration the age of the child and the potential adverse impact the
delay may have on the child's well-being. The court shall make written
findings of fact and conclusions of law when granting a continuance in
cases involving a child.
(k) Extension of Child Statute of Limitations. -- No statute of
limitation that would otherwise preclude prosecution for an offense
involving the sexual or physical abuse of a child under the age of 18
years shall preclude such prosecution before the child reaches the age
of 25 years. If, at any time that a cause of action for recovery of
compensation for damage or injury to the person of a child exists, a
criminal action is pending which arises out of the same occurrence and
in which the child is the victim, the civil action shall be stayed until
the end of all phases of the criminal action and any mention of the
civil action during the criminal proceeding is prohibited. As used in
this subsection, a criminal action is pending until its final
adjudication in the trial court.
(l) Testimonial Aids. -- The court may permit a child to use
anatomical dolls, puppets, drawings, mannequins, or any other
demonstrative device the court deems appropriate for the purpose of
assisting a child in testifying.
(Added Pub. L. 101-647, title II, 225(a), Nov. 29, 1990, 104 Stat.
4798.)
The Federal Rules of Evidence, referred to in subsec. (c)(1), are
set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec. (f),
are set out in the Appendix to this title.
/1/ So in original. Pars. (6) and (11) are identical.
/2/ So in original. Probably should be capitalized.
/3/ So in original. Probably should be ''subsection''.
/4/ So in original. Probably should be capitalized.
/5/ So in original. Probably should be ''subsection''.
/6/ So in original. Probably should be ''subsection''.
/7/ So in original. Probably should be capitalized.
/8/ So in original. Probably should be ''subsection''.
/9/ So in original. Probably should be capitalized.
/10/ So in original. Probably should be ''paragraph''.
18 USC CHAPTER 224 -- PROTECTION OF WITNESSES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3521. Witness relocation and protection.
3522. Probationers and parolees.
3523. Civil judgments.
3524. Child custody arrangements.
3525. Victims Compensation Fund.
3526. Cooperation of other Federal agencies and State governments;
reimbursement of expenses.
3527. Additional authority of Attorney General.
3528. Definition.
1990 -- Pub. L. 101-647, title XXXV, 3581, Nov. 29, 1990, 104
Stat. 4929, substituted ''State governments; reimbursement of
expenses'' for ''State governments'' in item 3526.
18 USC 3521. Witness relocation and protection
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) The Attorney General may provide for the relocation and other
protection of a witness or a potential witness for the Federal
Government or for a State government in an official proceeding
concerning an organized criminal activity or other serious offense, if
the Attorney General determines that an offense involving a crime of
violence directed at the witness with respect to that proceeding, an
offense set forth in chapter 73 of this title directed at the witness,
or a State offense that is similar in nature to either such offense, is
likely to be committed. The Attorney General may also provide for the
relocation and other protection of the immediate family of, or a person
otherwise closely associated with, such witness or potential witness if
the family or person may also be endangered on account of the
participation of the witness in the judicial proceeding.
(2) The Attorney General shall issue guidelines defining the types of
cases for which the exercise of the authority of the Attorney General
contained in paragraph (1) would be appropriate.
(3) The United States and its officers and employees shall not be
subject to any civil liability on account of any decision to provide or
not to provide protection under this chapter.
(b)(1) In connection with the protection under this chapter of a
witness, a potential witness, or an immediate family member or close
associate of a witness or potential witness, the Attorney General shall
take such action as the Attorney General determines to be necessary to
protect the person involved from bodily injury and otherwise to assure
the health, safety, and welfare of that person, including the
psychological well-being and social adjustment of that person, for as
long as, in the judgment of the Attorney General, the danger to that
person exists. The Attorney General may, by regulation --
(A) provide suitable documents to enable the person to establish a
new identity or otherwise protect the person;
(B) provide housing for the person;
(C) provide for the transportation of household furniture and other
personal property to a new residence of the person;
(D) provide to the person a payment to meet basic living expenses, in
a sum established in accordance with regulations issued by the Attorney
General, for such times as the Attorney General determines to be
warranted;
(E) assist the person in obtaining employment;
(F) provide other services necessary to assist the person in becoming
self-sustaining;
(G) disclose or refuse to disclose the identity or location of the
person relocated or protected, or any other matter concerning the person
or the program after weighing the danger such a disclosure would pose to
the person, the detriment it would cause to the general effectiveness of
the program, and the benefit it would afford to the public or to the
person seeking the disclosure, except that the Attorney General shall,
upon the request of State or local law enforcement officials or pursuant
to a court order, without undue delay, disclose to such officials the
identity, location, criminal records, and fingerprints relating to the
person relocated or protected when the Attorney General knows or the
request indicates that the person is under investigation for or has been
arrested for or charged with an offense that is punishable by more than
one year in prison or that is a crime of violence; and
(H) exempt procurement for services, materials, and supplies, and the
renovation and construction of safe sites within existing buildings from
other provisions of law as may be required to maintain the security of
protective witnesses and the integrity of the Witness Security Program.
The Attorney General shall establish an accurate, efficient, and
effective system of records concerning the criminal history of persons
provided protection under this chapter in order to provide the
information described in subparagraph (G).
(2) Deductions shall be made from any payment made to a person
pursuant to paragraph (1)(D) to satisfy obligations of that person for
family support payments pursuant to a State court order.
(3) Any person who, without the authorization of the Attorney
General, knowingly discloses any information received from the Attorney
General under paragraph (1)(G) shall be fined $5,000 or imprisoned five
years, or both.
(c) Before providing protection to any person under this chapter, the
Attorney General shall, to the extent practicable, obtain information
relating to the suitability of the person for inclusion in the program,
including the criminal history, if any, and a psychological evaluation
of, the person. The Attorney General shall also make a written
assessment in each case of the seriousness of the investigation or case
in which the person's information or testimony has been or will be
provided and the possible risk of danger to other persons and property
in the community where the person is to be relocated and shall determine
whether the need for that person's testimony outweighs the risk of
danger to the public. In assessing whether a person should be provided
protection under this chapter, the Attorney General shall consider the
person's criminal record, alternatives to providing protection under
this chapter, the possibility of securing similar testimony from other
sources, the need for protecting the person, the relative importance of
the person's testimony, results of psychological examinations, whether
providing such protection will substantially infringe upon the
relationship between a child who would be relocated in connection with
such protection and that child's parent who would not be so relocated,
and such other factors as the Attorney General considers appropriate.
The Attorney General shall not provide protection to any person under
this chapter if the risk of danger to the public, including the
potential harm to innocent victims, outweighs the need for that person's
testimony. This subsection shall not be construed to authorize the
disclosure of the written assessment made pursuant to this subsection.
(d)(1) Before providing protection to any person under this chapter,
the Attorney General shall enter into a memorandum of understanding with
that person. Each such memorandum of understanding shall set forth the
responsibilities of that person, including --
(A) the agreement of the person, if a witness or potential witness,
to testify in and provide information to all appropriate law enforcement
officials concerning all appropriate proceedings;
(B) the agreement of the person not to commit any crime;
(C) the agreement of the person to take all necessary steps to avoid
detection by others of the facts concerning the protection provided to
that person under this chapter;
(D) the agreement of the person to comply with legal obligations and
civil judgments against that person;
(E) the agreement of the person to cooperate with all reasonable
requests of officers and employees of the Government who are providing
protection under this chapter;
(F) the agreement of the person to designate another person to act as
agent for the service of process;
(G) the agreement of the person to make a sworn statement of all
outstanding legal obligations, including obligations concerning child
custody and visitation;
(H) the agreement of the person to disclose any probation or parole
responsibilities, and if the person is on probation or parole under
State law, to consent to Federal supervision in accordance with section
3522 of this title; and
(I) the agreement of the person to regularly inform the appropriate
program official of the activities and current address of such person.
Each such memorandum of understanding shall also set forth the
protection which the Attorney General has determined will be provided to
the person under this chapter, and the procedures to be followed in the
case of a breach of the memorandum of understanding, as such procedures
are established by the Attorney General. Such procedures shall include
a procedure for filing and resolution of grievances of persons provided
protection under this chapter regarding the administration of the
program. This procedure shall include the opportunity for resolution of
a grievance by a person who was not involved in the case.
(2) The Attorney General shall enter into a separate memorandum of
understanding pursuant to this subsection with each person protected
under this chapter who is eighteen years of age or older. The
memorandum of understanding shall be signed by the Attorney General and
the person protected.
(3) The Attorney General may delegate the responsibility initially to
authorize protection under this chapter only to the Deputy Attorney
General, to the Associate Attorney General, to the Assistant Attorney
General in charge of the Criminal Division of the Department of Justice,
to the Assistant Attorney General in charge of the Civil Rights Division
of the Department of Justice (insofar as the delegation relates to a
criminal civil rights case), and to one other officer or employee of the
Department of Justice.
(e) If the Attorney General determines that harm to a person for whom
protection may be provided under section 3521 of this title is imminent
or that failure to provide immediate protection would otherwise
seriously jeopardize an ongoing investigation, the Attorney General may
provide temporary protection to such person under this chapter before
making the written assessment and determination required by subsection
(c) of this section or entering into the memorandum of understanding
required by subsection (d) of this section. In such a case the Attorney
General shall make such assessment and determination and enter into such
memorandum of understanding without undue delay after the protection is
initiated.
(f) The Attorney General may terminate the protection provided under
this chapter to any person who substantially breaches the memorandum of
understanding entered into between the Attorney General and that person
pursuant to subsection (d), or who provides false information concerning
the memorandum of understanding or the circumstances pursuant to which
the person was provided protection under this chapter, including
information with respect to the nature and circumstances concerning
child custody and visitation. Before terminating such protection, the
Attorney General shall send notice to the person involved of the
termination of the protection provided under this chapter and the
reasons for the termination. The decision of the Attorney General to
terminate such protection shall not be subject to judicial review.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2153; amended Pub. L. 101-647, title XXXV, 3582, Nov. 29, 1990, 104
Stat. 4929.)
1990 -- Subsec. (b)(1). Pub. L. 101-647, 3582(1), inserted ''(G)''
after ''subparagraph'' in last sentence.
Subsec. (d)(3). Pub. L. 101-647, 3582(2), inserted ''the'' before
''Civil Rights Division''.
Section 1210 of subpart A ( 1207-1210) of part F of chapter XII of
title II of Pub. L. 98-473 provided that: ''This subpart and the
amendments made by this subpart (see Short Title note below) shall take
effect on October 1, 1984.''
Section 1207 of subpart A ( 1207-1210) of part F of chapter XII of
title II of Pub. L. 98-473 provided that: ''This subpart (enacting
this chapter, repealing provisions set out as a note preceding section
3481 of this title, and enacting provisions set out as a note under this
section) may be cited as the 'Witness Security Reform Act of 1984'.''
18 USC 3522. Probationers and parolees
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) A probation officer may, upon the request of the Attorney
General, supervise any person provided protection under this chapter who
is on probation or parole under State law, if the State involved
consents to such supervision. Any person so supervised shall be under
Federal jurisdiction during the period of supervision and shall, during
that period be subject to all laws of the United States which pertain to
probationers or parolees, as the case may be.
(b) The failure by any person provided protection under this chapter
who is supervised under subsection (a) to comply with the memorandum of
understanding entered into by that person pursuant to section 3521(d) of
this title shall be grounds for the revocation of probation or parole,
as the case may be.
(c) The United States Parole Commission and the Chairman of the
Commission shall have the same powers and duties with respect to a
probationer or parolee transferred from State supervision pursuant to
this section as they have with respect to an offender convicted in a
court of the United States and paroled under chapter 311 /1/ of this
title. The provisions of sections 4201 through 4204, 4205(a), (e), and
(h), 4206 through 4215, and 4218 /1/ of this title shall apply following
a revocation of probation or parole under this section.
(d) If a person provided protection under this chapter who is on
probation or parole and is supervised under subsection (a) of this
section has been ordered by the State court which imposed sentence on
the person to pay a sum of money to the victim of the offense involved
for damage caused by the offense, that penalty or award of damages may
be enforced as though it were a civil judgment rendered by a United
States district court. Proceedings to collect the moneys ordered to be
paid may be instituted by the Attorney General in any United States
district court. Moneys recovered pursuant to such proceedings shall be
distributed to the victim.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2157; amended Pub. L. 99-646, 75, Nov. 10, 1986, 100 Stat. 3618; Pub.
L. 100-690, title VII, 7072(b), Nov. 18, 1988, 102 Stat. 4405.)
Chapter 311 of this title, referred to in subsec. (c), which
consisted of sections 4201 to 4218 of this title, was repealed effective
Nov. 1, 1987, by Pub. L. 98-473, title II, 218(a)(5), 235(a)(1),
(b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, subject to remaining
effective for five years after Nov. 1, 1987, in certain circumstances.
1988 -- Subsec. (c). Pub. L. 100-690 substituted ''4215'' for
''4216''.
1986 -- Subsec. (a). Pub. L. 99-646 substituted ''probationers or
parolees, as the case may be'' for ''parolees''.
/1/ See References in Text note below.
18 USC 3523. Civil judgments
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) If a person provided protection under this chapter is named as a
defendant in a civil cause of action arising prior to or during the
period in which the protection is provided, process in the civil
proceeding may be served upon that person or an agent designated by that
person for that purpose. The Attorney General shall make reasonable
efforts to serve a copy of the process upon the person protected at the
person's last known address. The Attorney General shall notify the
plaintiff in the action whether such process has been served. If a
judgment in such action is entered against that person the Attorney
General shall determine whether the person has made reasonable efforts
to comply with the judgment. The Attorney General shall take
appropriate steps to urge the person to comply with the judgment. If
the Attorney General determines that the person has not made reasonable
efforts to comply with the judgment, the Attorney General may, after
considering the danger to the person and upon the request of the person
holding the judgment disclose the identity and location of the person to
the plaintiff entitled to recovery pursuant to the judgment. Any such
disclosure of the identity and location of the person shall be made upon
the express condition that further disclosure by the plaintiff of such
identity or location may be made only if essential to the plaintiff's
efforts to recover under the judgment, and only to such additional
persons as is necessary to effect the recovery. Any such disclosure or
nondisclosure by the Attorney General shall not subject the United
States and its officers or employees to any civil liability.
(b)(1) Any person who holds a judgment entered by a Federal or State
court in his or her favor against a person provided protection under
this chapter may, upon a decision by the Attorney General to deny
disclosure of the current identity and location of such protected
person, bring an action against the protected person in the United
States district court in the district where the person holding the
judgment (hereinafter in this subsection referred to as the
''petitioner'') resides. Such action shall be brought within one
hundred and twenty days after the petitioner requested the Attorney
General to disclose the identity and location of the protected person.
The complaint in such action shall contain statements that the
petitioner holds a valid judgment of a Federal or State court against a
person provided protection under this chapter and that the petitioner
sought to enforce the judgment by requesting the Attorney General to
disclose the identity and location of the protected person.
(2) The petitioner in an action described in paragraph (1) shall
notify the Attorney General of the action at the same time the action is
brought. The Attorney General shall appear in the action and shall
affirm or deny the statements in the complaint that the person against
whom the judgment is allegedly held is provided protection under this
chapter and that the petitioner requested the Attorney General to
disclose the identity and location of the protected person for the
purpose of enforcing the judgment.
(3) Upon a determination (A) that the petitioner holds a judgment
entered by a Federal or State court and (B) that the Attorney General
has declined to disclose to the petitioner the current identity and
location of the protected person against whom the judgment was entered,
the court shall appoint a guardian to act on behalf of the petitioner to
enforce the judgment. The clerk of the court shall forthwith furnish
the guardian with a copy of the order of appointment. The Attorney
General shall disclose to the guardian the current identity and location
of the protected person and any other information necessary to enable
the guardian to carry out his or her duties under this subsection.
(4) It is the duty of the guardian to proceed with all reasonable
diligence and dispatch to enforce the rights of the petitioner under the
judgment. The guardian shall, however, endeavor to carry out such
enforcement duties in a manner that maximizes, to the extent
practicable, the safety and security of the protected person. In no
event shall the guardian disclose the new identity or location of the
protected person without the permission of the Attorney General, except
that such disclosure may be made to a Federal or State court in order to
enforce the judgment. Any good faith disclosure made by the guardian in
the performance of his or her duties under this subsection shall not
create any civil liability against the United States or any of its
officers or employees.
(5) Upon appointment, the guardian shall have the power to perform
any act with respect to the judgment which the petitioner could perform,
including the initiation of judicial enforcement actions in any Federal
or State court or the assignment of such enforcement actions to a third
party under applicable Federal or State law. The Federal Rules of Civil
Procedure shall apply in any action brought under this subsection to
enforce a Federal or State court judgment.
(6) The costs of any action brought under this subsection with
respect to a judgment, including any enforcement action described in
paragraph (5), and the compensation to be allowed to a guardian
appointed in any such action shall be fixed by the court and shall be
apportioned among the parties as follows: the petitioner shall be
assessed in the amount the petitioner would have paid to collect on the
judgment in an action not arising under the provisions of this
subsection; the protected person shall be assessed the costs which are
normally charged to debtors in similar actions and any other costs which
are incurred as a result of an action brought under this subsection. In
the event that the costs and compensation to the guardian are not met by
the petitioner or by the protected person, the court may, in its
discretion, enter judgment against the United States for costs and fees
reasonably incurred as a result of the action brought under this
subsection.
(7) No officer or employee of the Department of Justice shall in any
way impede the efforts of a guardian appointed under this subsection to
enforce the judgment with respect to which the guardian was appointed.
(c) The provisions of this section shall not apply to a court order
to which section 3524 of this title applies.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2157.)
The Federal Rules of Civil Procedure, referred to in subsec. (b)(5),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
18 USC 3524. Child custody arrangements
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The Attorney General may not relocate any child in connection
with protection provided to a person under this chapter if it appears
that a person other than that protected person has legal custody of that
child.
(b) Before protection is provided under this chapter to any person
(1) who is a parent of a child of whom that person has custody, and (2)
who has obligations to another parent of that child with respect to
custody or visitation of that child under a court order, the Attorney
General shall obtain and examine a copy of such order for the purpose of
assuring that compliance with the order can be achieved. If compliance
with a visitation order cannot be achieved, the Attorney General may
provide protection under this chapter to the person only if the parent
being relocated initiates legal action to modify the existing court
order under subsection (e)(1) of this section. The parent being
relocated must agree in writing before being provided protection to
abide by any ensuing court orders issued as a result of an action to
modify.
(c) With respect to any person provided protection under this chapter
(1) who is the parent of a child who is relocated in connection with
such protection and (2) who has obligations to another parent of that
child with respect to custody or visitation of that child under a State
court order, the Attorney General shall, as soon as practicable after
the person and child are so relocated, notify in writing the child's
parent who is not so relocated that the child has been provided
protection under this chapter. The notification shall also include
statements that the rights of the parent not so relocated to visitation
or custody, or both, under the court order shall not be infringed by the
relocation of the child and the Department of Justice responsibility
with respect thereto. The Department of Justice will pay all reasonable
costs of transportation and security incurred in insuring that
visitation can occur at a secure location as designated by the United
States Marshals Service, but in no event shall it be obligated to pay
such costs for visitation in excess of thirty days a year, or twelve in
number a year. Additional visitation may be paid for, in the discretion
of the Attorney General, by the Department of Justice in extraordinary
circumstances. In the event that the unrelocated parent pays visitation
costs, the Department of Justice may, in the discretion of the Attorney
General, extend security arrangements associated with such visitation.
(d)(1) With respect to any person provided protection under this
chapter (A) who is the parent of a child who is relocated in connection
with such protection and (B) who has obligations to another parent of
that child with respect to custody or visitation of that child under a
court order, an action to modify that court order may be brought by any
party to the court order in the District Court for the District of
Columbia or in the district court for the district in which the child's
parent resides who has not been relocated in connection with such
protection.
(2) With respect to actions brought under paragraph (1), the district
courts shall establish a procedure to provide a reasonable opportunity
for the parties to the court order to mediate their dispute with respect
to the order. The court shall provide a mediator for this purpose. If
the dispute is mediated, the court shall issue an order in accordance
with the resolution of the dispute.
(3) If, within sixty days after an action is brought under paragraph
(1) to modify a court order, the dispute has not been mediated, any
party to the court order may request arbitration of the dispute. In the
case of such a request, the court shall appoint a master to act as
arbitrator, who shall be experienced in domestic relations matters.
Rule 53 of the Federal Rules of Civil Procedure shall apply to masters
appointed under this paragraph. The court and the master shall, in
determining the dispute, give substantial deference to the need for
maintaining parent-child relationships, and any order issued by the
court shall be in the best interests of the child. In actions to modify
a court order brought under this subsection, the court and the master
shall apply the law of the State in which the court order was issued or,
in the case of the modification of a court order issued by a district
court under this section, the law of the State in which the parent
resides who was not relocated in connection with the protection provided
under this chapter. The costs to the Government of carrying out a court
order may be considered in an action brought under this subsection to
modify that court order but shall not outweigh the relative interests of
the parties themselves and the child.
(4) Until a court order is modified under this subsection, all
parties to that court order shall comply with their obligations under
that court order subject to the limitations set forth in subsection (c)
of this section.
(5) With respect to any person provided protection under this chapter
who is the parent of a child who is relocated in connection with such
protection, the parent not relocated in connection with such protection
may bring an action, in the District Court for the District of Columbia
or in the district court for the district in which that parent resides,
for violation by that protected person of a court order with respect to
custody or visitation of that child. If the court finds that such a
violation has occurred, the court may hold in contempt the protected
person. Once held in contempt, the protected person shall have a
maximum of sixty days, in the discretion of the Attorney General, to
comply with the court order. If the protected person fails to comply
with the order within the time specified by the Attorney General, the
Attorney General shall disclose the new identity and address of the
protected person to the other parent and terminate any financial
assistance to the protected person unless otherwise directed by the
court.
(6) The United States shall be required by the court to pay
litigation costs, including reasonable attorneys' fees, incurred by a
parent who prevails in enforcing a custody or visitation order; but
shall retain the right to recover such costs from the protected person.
(e)(1) In any case in which the Attorney General determines that, as
a result of the relocation of a person and a child of whom that person
is a parent in connection with protection provided under this chapter,
the implementation of a court order with respect to custody or
visitation of that child would be substantially impossible, the Attorney
General may bring, on behalf of the person provided protection under
this chapter, an action to modify the court order. Such action may be
brought in the district court for the district in which the parent
resides who would not be or was not relocated in connection with the
protection provided under this chapter. In an action brought under this
paragraph, if the Attorney General establishes, by clear and convincing
evidence, that implementation of the court order involved would be
substantially impossible, the court may modify the court order but
shall, subject to appropriate security considerations, provide an
alternative as substantially equivalent to the original rights of the
nonrelocating parent as feasible under the circumstances.
(2) With respect to any State court order in effect to which this
section applies, and with respect to any district court order in effect
which is issued under this section, if the parent who is not relocated
in connection with protection provided under this chapter intentionally
violates a reasonable security requirement imposed by the Attorney
General with respect to the implementation of that court order, the
Attorney General may bring an action in the district court for the
district in which that parent resides to modify the court order. The
court may modify the court order if the court finds such an intentional
violation.
(3) The procedures for mediation and arbitration provided under
subsection (d) of this section shall not apply to actions for
modification brought under this subsection.
(f) In any case in which a person provided protection under this
chapter is the parent of a child of whom that person has custody and has
obligations to another parent of that child concerning custody and
visitation of that child which are not imposed by court order, that
person, or the parent not relocated in connection with such protection,
may bring an action in the district court of the district in which that
parent not relocated resides to obtain an order providing for custody or
visitation, or both, of that child. In any such action, all the
provisions of subsection (d) of this section shall apply.
(g) In any case in which an action under this section involves court
orders from different States with respect to custody or visitation of
the same child, the court shall resolve any conflicts by applying the
rules of conflict of laws of the State in which the court is sitting.
(h)(1) Subject to paragraph (2), the costs of any action described in
subsection (d), (e), or (f) of this section shall be paid by the United
States.
(2) The Attorney General shall insure that any State court order in
effect to which this section applies and any district court order in
effect which is issued under this section are carried out. The
Department of Justice shall pay all costs and fees described in
subsections (c) and (d) of this section.
(i) As used in this section, the term ''parent'' includes any person
who stands in the place of a parent by law.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2159.)
The Federal Rules of Civil Procedure, referred to in subsec. (d)(3),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
18 USC 3525. Victims Compensation Fund
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The Attorney General may pay restitution to, or in the case of
death, compensation for the death of any victim of a crime that causes
or threatens death or serious bodily injury and that is committed by any
person during a period in which that person is provided protection under
this chapter.
(b) Not later than four months after the end of each fiscal year, the
Attorney General shall transmit to the Congress a detailed report on
payments made under this section for such year.
(c) There are authorized to be appropriated for the fiscal year 1985
and for each fiscal year thereafter, $1,000,000 for payments under this
section.
(d) The Attorney General shall establish guidelines and procedures
for making payments under this section. The payments to victims under
this section shall be made for the types of expenses provided for in
section 3579(b) /1/ of this title, except that in the case of the death
of the victim, an amount not to exceed $50,000 may be paid to the
victim's estate. No payment may be made under this section to a victim
unless the victim has sought restitution and compensation provided under
Federal or State law or by civil action. Such payments may be made only
to the extent the victim, or the victim's estate, has not otherwise
received restitution and compensation, including insurance payments, for
the crime involved. Payments may be made under this section to victims
of crimes occurring on or after the date of the enactment of this
chapter. /1/ In the case of a crime occurring before the date of the
enactment of this chapter, /1/ a payment may be made under this section
only in the case of the death of the victim, and then only in an amount
not exceeding $25,000, and such a payment may be made notwithstanding
the requirements of the third sentence of this subsection.
(e) Nothing in this section shall be construed to create a cause of
action against the United States.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2162.)
Section 3579(b) of this title, referred to in subsec. (d), was
renumbered section 3663(b) of this title by Pub. L. 98-473, title II,
212(a)(1), Oct. 12, 1984, 98 Stat. 1987.
The date of the enactment of this chapter, referred to in subsec.
(d), is the date of enactment of Pub. L. 98-473, which was approved
Oct. 12, 1984.
Pub. L. 99-180, title II, 200, Dec. 13, 1985, 99 Stat. 1142,
provided: ''That restitution of not to exceed $25,000 shall be paid to
the estate of victims killed before October 12, 1984 as a result of
crimes committed by persons who have been enrolled in the Federal
witness protection program, if such crimes were committed within two
years after protection was terminated, notwithstanding any limitations
contained in part (a) of section 3525 of title 18 of the United States
Code.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 99-88, title I, 100, Aug. 15, 1985, 99 Stat. 303.
/1/ See References in Text note below.
18 USC 3526. Cooperation of other Federal agencies and State
governments; reimbursement of expenses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Each Federal agency shall cooperate with the Attorney General in
carrying out the provisions of this chapter and may provide, on a
reimbursable basis, such personnel and services as the Attorney General
may request in carrying out those provisions.
(b) In any case in which a State government requests the Attorney
General to provide protection to any person under this chapter --
(1) the Attorney General may enter into an agreement with that State
government in which that government agrees to reimburse the United
States for expenses incurred in providing protection to that person
under this chapter; and
(2) the Attorney General shall enter into an agreement with that
State government in which that government agrees to cooperate with the
Attorney General in carrying out the provisions of this chapter with
respect to all persons.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2162.)
18 USC 3527. Additional authority of Attorney General
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Attorney General may enter into such contracts or other
agreements as may be necessary to carry out this chapter. Any such
contract or agreement which would result in the United States being
obligated to make outlays may be entered into only to the extent and in
such amount as may be provided in advance in an appropriation Act.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2163.)
18 USC 3528. Definition
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
For purposes of this chapter, the term ''State'' means each of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
(Added Pub. L. 98-473, title II, 1208, Oct. 12, 1984, 98 Stat.
2163.)
18 USC CHAPTER 225 -- VERDICT
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3531. Return; several defendants; conviction of less offense;
poll of jury -- Rule.
3532. Setting aside verdict of guilty; judgment notwithstanding
verdict -- Rule.
18 USC 3531. Return; several defendants; conviction of less offense;
poll of jury -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Verdict to be unanimous; return; several defendants; disagreement;
conviction of less offense; poll of jury, Rule 31.
(June 25, 1948, ch. 645, 62 Stat. 837.)
18 USC 3532. Setting aside verdict of guilty; judgment
notwithstanding verdict -- (Rule)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Setting aside verdict of guilty on motion for judgment of acquittal,
entering of such judgment, or ordering new trial; absence of verdict,
Rule 29(b).
(June 25, 1948, ch. 645, 62 Stat. 837.)
18 USC CHAPTER 227 -- SENTENCES /1/
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Subchapter Sec. /2/
A. General Provisions 3551
B. Probation 3561
C. Fines 3571
D. Imprisonment 3581
Sec.
3551. Authorized sentences.
3552. Presentence reports.
3553. Imposition of a sentence.
3554. Order of criminal forfeiture.
3555. Order of notice to victims.
3556. Order of restitution.
3557. Review of a sentence.
3558. Implementation of a sentence.
3559. Sentencing classification of offenses.
/1/ A prior chapter 227 ''SENTENCE, JUDGMENT, AND EXECUTION'' ( 3561
to 3580) was repealed, effective Nov. 1, 1987. For applicability to
offenses committed before such date, see chapter 227, set out as a note
following this chapter.
/2/ Editorially supplied.
18 USC SUBCHAPTER A -- GENERAL PROVISIONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 3551. Authorized sentences
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- Except as otherwise specifically provided, a
defendant who has been found guilty of an offense described in any
Federal statute, including sections 13 and 1153 of this title, other
than an Act of Congress applicable exclusively in the District of
Columbia or the Uniform Code of Military Justice, shall be sentenced in
accordance with the provisions of this chapter so as to achieve the
purposes set forth in subparagraphs (A) through (D) of section
3553(a)(2) to the extent that they are applicable in light of all the
circumstances of the case.
(b) Individuals. -- An individual found guilty of an offense shall be
sentenced, in accordance with the provisions of section 3553, to --
(1) a term of probation as authorized by subchapter B;
(2) a fine as authorized by subchapter C; or
(3) a term of imprisonment as authorized by subchapter D.
A sentence to pay a fine may be imposed in addition to any other
sentence. A sanction authorized by section 3554, 3555, or 3556 may be
imposed in addition to the sentence required by this subsection.
(c) Organizations. -- An organization found guilty of an offense
shall be sentenced, in accordance with the provisions of section 3553,
to --
(1) a term of probation as authorized by subchapter B; or
(2) a fine as authorized by subchapter C.
A sentence to pay a fine may be imposed in addition to a sentence to
probation. A sanction authorized by section 3554, 3555, or 3556 may be
imposed in addition to the sentence required by this subsection.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1988; amended Pub. L. 101-647, title XVI, 1602, Nov. 29, 1990, 104
Stat. 4843.)
Acts of Congress applicable exclusively in the District of Columbia,
referred to in subsec. (a), are classified generally to the District of
Columbia Code.
The Uniform Code of Military Justice, referred to in subsec. (a), is
classified generally to chapter 47 ( 801 et seq.) of Title 10, Armed
Forces.
1990 -- Subsec. (a). Pub. L. 101-647 inserted ''including sections
13 and 1153 of this title,'' after ''any Federal statute,''.
Section 235 of chapter II ( 211-239) of title II of Pub. L.
98-473, as amended by Pub. L. 99-217, 2, 4, Dec. 26, 1985, 99 Stat.
1728; Pub. L. 99-646, 35, Nov. 10, 1986, 100 Stat. 3599; Pub. L.
100-182, 2, Dec. 7, 1987, 101 Stat. 1266, provided that:
''(a)(1) This chapter (see Tables for classification) shall take
effect on the first day of the first calendar month beginning 36 months
after the date of enactment (Oct. 12, 1984) and shall apply only to
offenses committed after the taking effect of this chapter, except that
--
''(A) the repeal of chapter 402 of title 18, United States Code,
shall take effect on the date of enactment (Oct. 12, 1984);
''(B)(i) chapter 58 of title 28, United States Code, shall take
effect on the date of enactment of this Act (Oct. 12, 1984) or October
1, 1983, whichever occurs later, and the United States Sentencing
Commission shall submit the initial sentencing guidelines promulgated
under section 994(a)(1) of title 28 to the Congress within 30 months of
the effective date of such chapter 58; and
''(ii) the sentencing guidelines promulgated pursuant to section
994(a)(1) shall not go into effect until --
''(I) the United States Sentencing Commission has submitted the
initial set of sentencing guidelines to the Congress pursuant to
subparagraph (B)(i), along with a report stating the reasons for the
Commission's recommendations;
''(II) the General Accounting Office has undertaken a study of the
guidelines, and their potential impact in comparison with the operation
of the existing sentencing and parole release system, and has, within
one hundred and fifty days of submission of the guidelines, reported to
the Congress the results of its study; and
''(III) the day after the Congress has had six months after the date
described in subclause (I) in which to examine the guidelines and
consider the reports; and
''(IV) section 212(a)(2) (enacting chapters 227 and 229 of this title
and repealing former chapters 227, 229, and 231 of this title) takes
effect, in the case of the initial sentencing guidelines so promulgated.
''(2) For the purposes of section 992(a) of title 28, the terms of
the first members of the United States Sentencing Commission shall not
begin to run until the sentencing guidelines go into effect pursuant to
paragraph (1)(B)(ii).
''(b)(1) The following provisions of law in effect on the day before
the effective date of this Act shall remain in effect for five years
after the effective date as to an individual who committed an offense or
an act of juvenile delinquency before the effective date and as to a
term of imprisonment during the period described in subsection
(a)(1)(B):
''(A) Chapter 311 of title 18, United States Code.
''(B) Chapter 309 of title 18, United States Code.
''(C) Sections 4251 through 4255 of title 18, United States Code.
''(D) Sections 5041 and 5042 of title 18, United States Code.
''(E) Sections 5017 through 5020 of title 18, United States Code, as
to a sentence imposed before the date of enactment (Oct. 12, 1984).
''(F) The maximum term of imprisonment in effect on the effective
date for an offense committed before the effective date.
''(G) Any other law relating to a violation of a condition of release
or to arrest authority with regard to a person who violates a condition
of release.
''(2) Notwithstanding the provisions of section 4202 of title 18,
United States Code, as in effect on the day before the effective date of
this Act, the term of office of a Commissioner who is in office on the
effective date is extended to the end of the five-year period after the
effective date of this Act.
''(3) The United States Parole Commission shall set a release date,
for an individual who will be in its jurisdiction the day before the
expiration of five years after the effective date of this Act, pursuant
to section 4206 of title 18, United States Code. A release date set
pursuant to this paragraph shall be set early enough to permit
consideration of an appeal of the release date, in accordance with
Parole Commission procedures, before the expiration of five years
following the effective date of this Act.
''(4) Notwithstanding the other provisions of this subsection, all
laws in effect on the day before the effective date of this Act
pertaining to an individual who is --
''(A) released pursuant to a provision listed in paragraph (1); and
''(B)(i) subject to supervision on the day before the expiration of
the five-year period following the effective date of this Act; or
''(ii) released on a date set pursuant to paragraph (3);
including laws pertaining to terms and conditions of release,
revocation of release, provision of counsel, and payment of
transportation costs, shall remain in effect as to the individual until
the expiration of his sentence, except that the district court shall
determine, in accord with the Federal Rules of Criminal Procedure,
whether release should be revoked or the conditions of release amended
for violation of a condition of release.
''(5) Notwithstanding the provisions of section 991 of title 28,
United States Code, and sections 4351 and 5002 of title 18, United
States Code, the Chairman of the United States Parole Commission or his
designee shall be a member of the National Institute of Corrections, and
the Chairman of the United States Parole Commission shall be a member of
the Advisory Corrections Council and a nonvoting member of the United
States Sentencing Commission, ex officio, until the expiration of the
five-year period following the effective date of this Act.
Notwithstanding the provisions of section 4351 of title 18, during the
five-year period the National Institute of Corrections shall have
seventeen members, including seven ex officio members. Notwithstanding
the provisions of section 991 of title 28, during the five-year period
the United States Sentencing Commission shall consist of nine members,
including two ex officio, nonvoting members.''
(Pub. L. 101-650, title III, 316, Dec. 1, 1990, 104 Stat. 5115,
provided that: ''For the purposes of section 235(b) of Public Law
98-473 (set out above) as it relates to chapter 311 of title 18, United
States Code, and the United States Parole Commission, each reference in
such section to 'five years' or a 'five-year period' shall be deemed a
reference to 'ten years' or a 'ten-year period', respectively.'')
Pub. L. 100-182, 1, Dec. 7, 1987, 101 Stat. 1266, provided that:
''This Act (amending sections 3006A, 3553, 3561, 3563, 3564, 3583, 3663,
3672, 3742, and 4106 of this title, section 994 of Title 28, Judiciary
and Judicial Procedure, and sections 504 and 1111 of Title 29, Labor,
enacting provisions set out as notes under sections 3006A and 3553 of
this title, rule 35 of the Federal Rules of Criminal Procedure, set out
in the Appendix to this title, and section 994 of Title 28, and amending
provisions set out as a note under this section) may be cited as the
'Sentencing Act of 1987'.''
Pub. L. 99-217, 1, Dec. 26, 1985, 99 Stat. 1728, provided that:
''This Act (amending section 994 of Title 28, Judiciary and Judicial
Procedure, and provisions set out as a note under this section) may be
cited as the 'Sentencing Reform Amendments Act of 1985'.''
Section 211 of chapter II ( 211-239) of title II of Pub. L. 98-473
provided that: ''This chapter (see Tables for classification) may be
cited as the 'Sentencing Reform Act of 1984'.''
of Congress
Section 239 of Pub. L. 98-473 provided that:
''Since, due to an impending crisis in prison overcrowding, available
Federal prison space must be treated as a scarce resource in the
sentencing of criminal defendants;
''Since, sentencing decisions should be designed to ensure that
prison resources are, first and foremost, reserved for those violent and
serious criminal offenders who pose the most dangerous threat to
society;
''Since, in cases of nonviolent and nonserious offenders, the
interests of society as a whole as well as individual victims of crime
can continue to be served through the imposition of alternative
sentences, such as restitution and community service;
''Since, in the two years preceding the enactment of sentencing
guidelines, Federal sentencing practice should ensure that scarce prison
resources are available to house violent and serious criminal offenders
by the increased use of restitution, community service, and other
alternative sentences in cases of nonviolent and nonserious offenders:
Now, therefore, be it
''Declared, That it is the sense of the Senate that in the two years
preceding the enactment of the sentencing guidelines, Federal judges, in
determining the particular sentence to be imposed, consider --
''(1) the nature and circumstances of the offense and the history and
characteristics of the defendant;
''(2) the general appropriateness of imposing a sentence other than
imprisonment in cases in which the defendant has not been convicted of a
crime of violence or otherwise serious offense; and
''(3) the general appropriateness of imposing a sentence of
imprisonment in cases in which the defendant has been convicted of a
crime of violence or otherwise serious offense.''
18 USC 3552. Presentence reports
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Presentence Investigation and Report by Probation Officer. -- A
United States probation officer shall make a presentence investigation
of a defendant that is required pursuant to the provisions of Rule 32(c)
of the Federal Rules of Criminal Procedure, and shall, before the
imposition of sentence, report the results of the investigation to the
court.
(b) Presentence Study and Report by Bureau of Prisons. -- If the
court, before or after its receipt of a report specified in subsection
(a) or (c), desires more information than is otherwise available to it
as a basis for determining the sentence to be imposed on a defendant
found guilty of a misdemeanor or felony, it may order a study of the
defendant. The study shall be conducted in the local community by
qualified consultants unless the sentencing judge finds that there is a
compelling reason for the study to be done by the Bureau of Prisons or
there are no adequate professional resources available in the local
community to perform the study. The period of the study shall be no
more than sixty days. The order shall specify the additional
information that the court needs before determining the sentence to be
imposed. Such an order shall be treated for administrative purposes as
a provisional sentence of imprisonment for the maximum term authorized
by section 3581(b) for the offense committed. The study shall inquire
into such matters as are specified by the court and any other matters
that the Bureau of Prisons or the professional consultants believe are
pertinent to the factors set forth in section 3553(a). The period of
the study may, in the discretion of the court, be extended for an
additional period of not more than sixty days. By the expiration of the
period of the study, or by the expiration of any extension granted by
the court, the United States marshal shall, if the defendant is in
custody, return the defendant to the court for final sentencing. The
Bureau of Prisons or the professional consultants shall provide the
court with a written report of the pertinent results of the study and
make to the court whatever recommendations the Bureau or the consultants
believe will be helpful to a proper resolution of the case. The report
shall include recommendations of the Bureau or the consultants
concerning the guidelines and policy statements, promulgated by the
Sentencing Commission pursuant to 28 U.S.C. 994(a), that they believe
are applicable to the defendant's case. After receiving the report and
the recommendations, the court shall proceed finally to sentence the
defendant in accordance with the sentencing alternatives and procedures
available under this chapter.
(c) Presentence Examination and Report by Psychiatric or
Psychological Examiners. -- If the court, before or after its receipt of
a report specified in subsection (a) or (b) desires more information
than is otherwise available to it as a basis for determining the mental
condition of the defendant, the court may order the same psychiatric or
psychological examination and report thereon as may be ordered under
section 4244(b) of this title.
(d) Disclosure of Presentence Reports. -- The court shall assure that
a report filed pursuant to this section is disclosed to the defendant,
the counsel for the defendant, and the attorney for the Government at
least ten days prior to the date set for sentencing, unless this minimum
period is waived by the defendant. The court shall provide a copy of
the presentence report to the attorney for the Government to use in
collecting an assessment, criminal fine, forfeiture or restitution
imposed.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1988; amended Pub. L. 99-646, 7(a), Nov. 10, 1986, 100 Stat. 3593;
Pub. L. 101-647, title XXXVI, 3625, Nov. 29, 1990, 104 Stat. 4965.)
1990 -- Subsec. (d). Pub. L. 101-647 inserted at end ''The court
shall provide a copy of the presentence report to the attorney for the
Government to use in collecting an assessment, criminal fine, forfeiture
or restitution imposed.''
1986 -- Subsec. (b). Pub. L. 99-646, 7(a)(1), (2), substituted
''study shall be'' for ''study shall take'' and inserted '', if the
defendant is in custody,'' after ''United States marshal shall''.
Subsec. (c). Pub. L. 99-646, 7(a)(3), substituted ''the court may
order the same psychiatric or psychological examination and report
thereon as may be ordered under section 4244(b) of this title'' for ''it
may order that the defendant undergo a psychiatric or psychological
examination and that the court be provided with a written report of the
results of the examination pursuant to the provisions of section 4247''.
Amendment by Pub. L. 101-647 effective 180 days after Nov. 29,
1990, see section 3631 of Pub. L. 101-647, set out as an Effective Date
note under section 3001 of Title 28, Judiciary and Judicial Procedure.
Section 7(b) of Pub. L. 99-646 provided that: ''The amendments made
by this section (amending this section) shall take effect on the date of
the taking effect of section 3552 of title 18, United States Code (Nov.
1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3553. Imposition of a sentence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Factors To Be Considered in Imposing a Sentence. -- The court
shall impose a sentence sufficient, but not greater than necessary, to
comply with the purposes set forth in paragraph (2) of this subsection.
The court, in determining the particular sentence to be imposed, shall
consider --
(1) the nature and circumstances of the offense and the history and
characteristics of the defendant;
(2) the need for the sentence imposed --
(A) to reflect the seriousness of the offense, to promote respect for
the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational
training, medical care, or other correctional treatment in the most
effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for
the applicable category of offense committed by the applicable category
of defendant as set forth in the guidelines that are issued by the
Sentencing Commission pursuant to 28 U.S.C. 994(a)(1) and that are in
effect on the date the defendant is sentenced;
(5) any pertinent policy statement issued by the Sentencing
Commission pursuant to 28 U.S.C. 994(a)(2) that is in effect on the date
the defendant is sentenced;
(6) the need to avoid unwarranted sentence disparities among
defendants with similar records who have been found guilty of similar
conduct; and
(7) the need to provide restitution to any victims of the offense.
(b) Application of Guidelines in Imposing a Sentence. -- The court
shall impose a sentence of the kind, and within the range, referred to
in subsection (a)(4) unless the court finds that there exists an
aggravating or mitigating circumstance of a kind, or to a degree, not
adequately taken into consideration by the Sentencing Commission in
formulating the guidelines that should result in a sentence different
from that described. In determining whether a circumstance was
adequately taken into consideration, the court shall consider only the
sentencing guidelines, policy statements, and official commentary of the
Sentencing Commission. In the absence of an applicable sentencing
guideline, the court shall impose an appropriate sentence, having due
regard for the purposes set forth in subsection (a)(2). In the absence
of an applicable sentencing guideline in the case of an offense other
than a petty offense, the court shall also have due regard for the
relationship of the sentence imposed to sentences prescribed by
guidelines applicable to similar offenses and offenders, and to the
applicable policy statements of the Sentencing Commission.
(c) Statement of Reasons for Imposing a Sentence. -- The court, at
the time of sentencing, shall state in open court the reasons for its
imposition of the particular sentence, and, if the sentence --
(1) is of the kind, and within the range, described in subsection
(a)(4), and that range exceeds 24 months, the reason for imposing a
sentence at a particular point within the range; or
(2) is not of the kind, or is outside the range, described in
subsection (a)(4), the specific reason for the imposition of a sentence
different from that described.
If the court does not order restitution, or orders only partial
restitution, the court shall include in the statement the reason
therefor. The court shall provide a transcription or other appropriate
public record of the court's statement of reasons to the Probation
System, and, if the sentence includes a term of imprisonment, to the
Bureau of Prisons.
(d) Presentence Procedure for an Order of Notice. -- Prior to
imposing an order of notice pursuant to section 3555, the court shall
give notice to the defendant and the Government that it is considering
imposing such an order. Upon motion of the defendant or the Government,
or on its own motion, the court shall --
(1) permit the defendant and the Government to submit affidavits and
written memoranda addressing matters relevant to the imposition of such
an order;
(2) afford counsel an opportunity in open court to address orally the
appropriateness of the imposition of such an order; and
(3) include in its statement of reasons pursuant to subsection (c)
specific reasons underlying its determinations regarding the nature of
such an order.
Upon motion of the defendant or the Government, or on its own motion,
the court may in its discretion employ any additional procedures that it
concludes will not unduly complicate or prolong the sentencing process.
(e) Limited Authority To Impose a Sentence Below a Statutory Minimum.
-- Upon motion of the Government, the court shall have the authority to
impose a sentence below a level established by statute as minimum
sentence so as to reflect a defendant's substantial assistance in the
investigation or prosecution of another person who has committed an
offense. Such sentence shall be imposed in accordance with the
guidelines and policy statements issued by the Sentencing Commission
pursuant to section 994 of title 28, United States Code.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1989; amended Pub. L. 99-570, title I, 1007(a), Oct. 27, 1986, 100
Stat. 3207-7; Pub. L. 99-646, 8(a), 9(a), 80(a), 81(a), Nov. 10,
1986, 100 Stat. 3593, 3619; Pub. L. 100-182, 3, 16(a), 17, Dec. 7,
1987, 101 Stat. 1266, 1269, 1270; Pub. L. 100-690, title VII, 7102,
Nov. 18, 1988, 102 Stat. 4416.)
1988 -- Subsec. (c). Pub. L. 100-690 inserted ''or other appropriate
public record'' after ''transcription'' in second sentence and struck
out ''clerk of the'' before ''court'' in last sentence.
1987 -- Subsec. (b). Pub. L. 100-182, 3(1), (2), substituted
''court finds that there exists an aggravating or mitigating
circumstance of a kind, or to a degree, not adequately taken into
consideration by the Sentencing Commission in formulating the guidelines
that should result'' for ''court finds that an aggravating or mitigating
circumstance exists that was not adequately taken into consideration by
the Sentencing Commission in formulating the guidelines and that should
result''.
Pub. L. 100-182, 3(3), inserted after first sentence ''In
determining whether a circumstance was adequately taken into
consideration, the court shall consider only the sentencing guidelines,
policy statements, and official commentary of the Sentencing
Commission.''
Pub. L. 100-182, 16(a), substituted ''In the absence of an
applicable sentencing guideline, the court shall impose an appropriate
sentence, having due regard for the purposes set forth in subsection
(a)(2). In the absence of an applicable sentencing guideline in the
case of an offense other than a petty offense, the court shall also have
due regard for the relationship of the sentence imposed to sentences
prescribed by guidelines applicable to similar offenses and offenders,
and to the applicable policy statements of the Sentencing Commission.''
for ''In the absence of an applicable sentencing guideline, the court
shall impose an appropriate sentence, having due regard for the
relationship of the sentence imposed to sentences prescribed by
guidelines applicable to similar offenses and offenders, the applicable
policy statements of the Sentencing Commission, and the purposes of
sentencing set forth in subsection (a)(2).''
Subsec. (c)(1). Pub. L. 100-182, 17, inserted ''and that range
exceeds 24 months,''.
1986 -- Subsec. (a)(7). Pub. L. 99-646, 81(a), added par. (7).
Subsec. (b). Pub. L. 99-646, 9(a), inserted provision relating to
sentencing in the absence of applicable guidelines.
Subsec. (c). Pub. L. 99-646, 8(a), substituted ''If the court does
not order restitution, or orders only partial restitution'' for ''If the
sentence does not include an order of restitution''.
Subsec. (d). Pub. L. 99-646, 80(a), struck out ''or restitution''
after ''notice'' in heading, and struck out ''or an order of restitution
pursuant to section 3556,'' after ''section 3555,'' in introductory
text.
Subsec. (e). Pub. L. 99-570 added subsec. (e).
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set
out as a note under section 3006A of this title.
Section 8(c) of Pub. L. 99-646 provided that: ''The amendments made
by this section (amending this section and section 3663 of this title)
shall take effect on the date of the taking effect of section 3553 of
title 18, United States Code (Nov. 1, 1987).''
Section 9(b) of Pub. L. 99-646 provided that: ''The amendments made
by this section (amending this section) shall take effect on the date of
the taking effect of section 3553 of title 18, United States Code (Nov.
1, 1987).''
Section 80(b) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section) shall take effect on the
date of the taking effect of section 212(a)(2) of the Sentencing Reform
Act of 1984 (section 212(a)(2) of Pub. L. 98-473, effective Nov. 1,
1987).''
Section 81(b) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section) shall take effect on the
date of the taking effect of section 212(a)(2) of the Sentencing Reform
Act of 1984 (section 212(a)(2) of Pub. L. 98-473, effective Nov. 1,
1987).''
Section 1007(b) of Pub. L. 99-570 provided that: ''The amendment
made by this section (amending this section) shall take effect on the
date of the taking effect of section 3553 of title 18, United States
Code (Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Section 24 of Pub. L. 100-182 provided that: ''Notwithstanding
section 235 of the Comprehensive Crime Control Act of 1984 (section 235
of Pub. L. 98-473, set out as a note under section 3551 of this title)
--
''(1) section 3553(e) of title 18, United States Code;
''(2) rule 35(b) of the Federal Rules of Criminal Procedure as
amended by section 215(b) of such Act (set out in the Appendix to this
title); and
''(3) rule 35(b) as in effect before the taking effect of the initial
set of guidelines promulgated by the United States Sentencing Commission
pursuant to chapter 58 of title 28, United States Code,
shall apply in the case of an offense committed before the taking
effect of such guidelines.''
18 USC 3554. Order of criminal forfeiture
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The court, in imposing a sentence on a defendant who has been found
guilty of an offense described in section 1962 of this title or in title
II or III of the Comprehensive Drug Abuse Prevention and Control Act of
1970 shall order, in addition to the sentence that is imposed pursuant
to the provisions of section 3551, that the defendant forfeit property
to the United States in accordance with the provisions of section 1963
of this title or section 413 of the Comprehensive Drug Abuse and Control
Act of 1970.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1990.)
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in text, is Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1236,
as amended. Title II of this Act, known as the Controlled Substances
Act, is classified principally to subchapter I ( 801 et seq.) of chapter
13 of Title 21, Food and Drugs. Title III of this Act, known as the
Controlled Substances Import and Export Act, is classified principally
to subchapter II ( 951 et seq.) of chapter 13 of Title 21. Section 413
of this Act is classified to section 853 of Title 21. For complete
classification of this Act to the Code, see Short Title note set out
under sections 801 and 951 of Title 21 and Tables.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3555. Order of notice to victims
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The court, in imposing a sentence on a defendant who has been found
guilty of an offense involving fraud or other intentionally deceptive
practices, may order, in addition to the sentence that is imposed
pursuant to the provisions of section 3551, that the defendant give
reasonable notice and explanation of the conviction, in such form as the
court may approve, to the victims of the offense. The notice may be
ordered to be given by mail, by advertising in designated areas or
through designated media, or by other appropriate means. In determining
whether to require the defendant to give such notice, the court shall
consider the factors set forth in section 3553(a) to the extent that
they are applicable and shall consider the cost involved in giving the
notice as it relates to the loss caused by the offense, and shall not
require the defendant to bear the costs of notice in excess of $20,000.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1991.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3556. Order of restitution
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The court, in imposing a sentence on a defendant who has been found
guilty of an offense may order restitution in accordance with sections
3663 and 3664.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1991; amended Pub. L. 99-646, 20(b), Nov. 10, 1986, 100 Stat. 3596.)
1986 -- Pub. L. 99-646 substituted ''may order restitution in
accordance with sections 3663 and 3664'' for ''under this title, or an
offense under section 902(h), (i), (j), or (n) of the Federal Aviation
Act of 1958 (49 U.S.C. 1472), may order, in addition to the sentence
that is imposed pursuant to the provisions of section 3551, that the
defendant make restitution to any victim of the offense in accordance
with the provisions of sections 3663 and 3664''.
Section 20(c) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section and section 3663 of this
title) shall take effect on the date of the taking effect of section
212(a)(2) of the Sentencing Reform Act of 1984 (section 212(a)(2) of
Pub. L. 98-473, effective Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3557. Review of a sentence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The review of a sentence imposed pursuant to section 3551 is governed
by the provisions of section 3742.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1991.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3558. Implementation of a sentence
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The implementation of a sentence imposed pursuant to section 3551 is
governed by the provisions of chapter 229.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1991.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3559. Sentencing classification of offenses
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Classification. -- An offense that is not specifically classified
by a letter grade in the section defining it, is classified if the
maximum term of imprisonment authorized is --
(1) life imprisonment, or if the maximum penalty is death, as a Class
A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more years, as a Class C
felony;
(4) less than ten years but five or more years, as a Class D felony;
(5) less than five years but more than one year, as a Class E felony;
(6) one year or less but more than six months, as a Class A
misdemeanor;
(7) six months or less but more than thirty days, as a Class B
misdemeanor;
(8) thirty days or less but more than five days, as a Class C
misdemeanor; or
(9) five days or less, or if no imprisonment is authorized, as an
infraction.
(b) Effect of Classification. -- An offense classified under
subsection (a) carries all the incidents assigned to the applicable
letter designation, except that the maximum term of imprisonment is the
term authorized by the law describing the offense.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1991; amended Pub. L. 100-185, 5, Dec. 11, 1987, 101 Stat. 1279;
Pub. L. 100-690, title VII, 7041, Nov. 18, 1988, 102 Stat. 4399.)
1988 -- Subsec. (a). Pub. L. 100-690, 7041(a)(1), substituted
''classified if the maximum term of imprisonment authorized is -- '' for
''classified --
''(1) if the maximum term of imprisonment authorized is -- ''.
Subsec. (a)(1) to (9). Pub. L. 100-690, 7041(a)(2), (b),
redesignated subpars. (A) to (I) as pars. (1) to (9), respectively,
and substituted ''twenty-five'' for ''twenty'' in pars. (2) and (3).
1987 -- Subsec. (b). Pub. L. 100-185 substituted '', except that the
maximum term of imprisonment is the term authorized by the law
describing the offense.'' for ''except that:
''(1) the maximum fine that may be imposed is the fine authorized by
the statute describing the offense, or by this chapter, whichever is the
greater; and
''(2) the maximum term of imprisonment is the term authorized by the
statute describing the offense.''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Sec.
3561. Sentence of probation.
3562. Imposition of a sentence of probation.
3563. Conditions of probation.
3564. Running of a term of probation.
3565. Revocation of probation.
3566. Implementation of a sentence of probation.
18 USC SUBCHAPTER B -- PROBATION
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 3561. Sentence of probation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- A defendant who has been found guilty of an
offense may be sentenced to a term of probation unless --
(1) the offense is a Class A or Class B felony and the defendant is
an individual;
(2) the offense is an offense for which probation has been expressly
precluded; or
(3) the defendant is sentenced at the same time to a term of
imprisonment for the same or a different offense.
(b) Authorized Terms. -- The authorized terms of probation are --
(1) for a felony, not less than one nor more than five years;
(2) for a misdemeanor, not more than five years; and
(3) for an infraction, not more than one year.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1992; amended Pub. L. 99-646, 10(a), Nov. 10, 1986, 100 Stat. 3593;
Pub. L. 100-182, 7, Dec. 7, 1987, 101 Stat. 1267.)
A prior section 3561, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1987 -- Subsec. (a)(1). Pub. L. 100-182 inserted ''and the defendant
is an individual'' after ''Class B felony''.
1986 -- Subsec. (a). Pub. L. 99-646 struck out at end ''The
liability of a defendant for any unexecuted fine or other punishment
imposed as to which probation is granted shall be fully discharged by
the fulfillment of the terms and conditions of probation.''
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set
out as a note under section 3006A of this title.
Section 10(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the date of
the taking effect of such section 3561(a) (Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3562. Imposition of a sentence of probation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Factors To Be Considered in Imposing a Term of Probation. -- The
court, in determining whether to impose a term of probation, and, if a
term of probation is to be imposed, in determining the length of the
term and the conditions of probation, shall consider the factors set
forth in section 3553(a) to the extent that they are applicable.
(b) Effect of Finality of Judgment. -- Notwithstanding the fact that
a sentence of probation can subsequently be --
(1) modified or revoked pursuant to the provisions of section 3564 or
3565;
(2) corrected pursuant to the provisions of rule 35 of the Federal
Rules of Criminal Procedure and section 3742; or
(3) appealed and modified, if outside the guideline range, pursuant
to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes a
final judgment for all other purposes.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1992; amended Pub. L. 101-647, title XXXV, 3583, Nov. 29, 1990, 104
Stat. 4930.)
The Federal Rules of Criminal Procedure, referred to in subsec.
(b)(2), are set out in the Appendix to this title.
A prior section 3562, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1990 -- Subsec. (b)(2). Pub. L. 101-647 inserted ''of the Federal
Rules of Criminal Procedure'' after ''rule 35''.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3563. Conditions of probation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Mandatory Conditions. -- The court shall provide, as an explicit
condition of a sentence of probation --
(1) for a felony, a misdemeanor, or an infraction, that the defendant
not commit another Federal, State, or local crime during the term of
probation;
(2) for a felony, that the defendant also abide by at least one
condition set forth in subsection (b)(2), (b)(3), or (b)(13), unless the
court finds on the record that extraordinary circumstances exist that
would make such a condition plainly unreasonable, in which event the
court shall impose one or more of the other conditions set forth under
subsection (b); and
(3) for a felony, a misdemeanor, or an infraction, that the defendant
not possess illegal controlled substances.
If the court has imposed and ordered execution of a fine and placed
the defendant on probation, payment of the fine or adherence to the
court-established installment schedule shall be a condition of the
probation.
(b) Discretionary Conditions. -- The court may provide, as further
conditions of a sentence of probation, to the extent that such
conditions are reasonably related to the factors set forth in section
3553(a)(1) and (a)(2) and to the extent that such conditions involve
only such deprivations of liberty or property as are reasonably
necessary for the purposes indicated in section 3553(a)(2), that the
defendant --
(1) support his dependents and meet other family responsibilities;
(2) pay a fine imposed pursuant to the provisions of subchapter C;
(3) make restitution to a victim of the offense under sections 3663
and 3664 (but not subject to the limitations of section 3663(a));
(4) give to the victims of the offense the notice ordered pursuant to
the provisions of section 3555;
(5) work conscientiously at suitable employment or pursue
conscientiously a course of study or vocational training that will equip
him for suitable employment;
(6) refrain, in the case of an individual, from engaging in a
specified occupation, business, or profession bearing a reasonably
direct relationship to the conduct constituting the offense, or engage
in such a specified occupation, business, or profession only to a stated
degree or under stated circumstances;
(7) refrain from frequenting specified kinds of places or from
associating unnecessarily with specified persons;
(8) refrain from excessive use of alcohol, or any use of a narcotic
drug or other controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802), without a prescription by a
licensed medical practitioner;
(9) refrain from possessing a firearm, destructive device, or other
dangerous weapon;
(10) undergo available medical, psychiatric, or psychological
treatment, including treatment for drug or alcohol dependency, as
specified by the court, and remain in a specified institution if
required for that purpose;
(11) remain in the custody of the Bureau of Prisons during nights,
weekends, or other intervals of time, totaling no more than the lesser
of one year or the term of imprisonment authorized for the offense,
during the first year of the term of probation;
(12) reside at, or participate in the program of, a community
corrections facility (including a facility maintained or under contract
to the Bureau of Prisons) for all or part of the term of probation;
(13) work in community service as directed by the court;
(14) reside in a specified place or area, or refrain from residing in
a specified place or area;
(15) remain within the jurisdiction of the court, unless granted
permission to leave by the court or a probation officer;
(16) report to a probation officer as directed by the court or the
probation officer;
(17) permit a probation officer to visit him at his home or elsewhere
as specified by the court;
(18) answer inquiries by a probation officer and notify the probation
officer promptly of any change in address or employment;
(19) notify the probation officer promptly if arrested or questioned
by a law enforcement officer;
(20) remain at his place of residence during nonworking hours and, if
the court finds it appropriate, that compliance with this condition be
monitored by telephonic or electronic signaling devices, except that a
condition under this paragraph may be imposed only as an alternative to
incarceration;
(21) comply with the terms of any court order or order of an
administrative process pursuant to the law of a State, the District of
Columbia, or any other possession or territory of the United States,
requiring payments by the defendant for the support and maintenance of a
child or of a child and the parent with whom the child is living; or
(22) satisfy such other conditions as the court may impose.
(c) Modifications of Conditions. -- The court may modify, reduce, or
enlarge the conditions of a sentence of probation at any time prior to
the expiration or termination of the term of probation, pursuant to the
provisions of the Federal Rules of Criminal Procedure relating to the
modification of probation and the provisions applicable to the initial
setting of the conditions of probation.
(d) Written Statement of Conditions. -- The court shall direct that
the probation officer provide the defendant with a written statement
that sets forth all the conditions to which the sentence is subject, and
that is sufficiently clear and specific to serve as a guide for the
defendant's conduct and for such supervision as is required.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1993; amended Pub. L. 99-646, 11(a), 12(a), Nov. 10, 1986, 100 Stat.
3594; Pub. L. 100-182, 10, 18, Dec. 7, 1987, 101 Stat. 1267, 1270;
Pub. L. 100-690, title VII, 7086, 7110, 7303(a)(1), 7305(a), Nov. 18,
1988, 102 Stat. 4408, 4419, 4464, 4465; Pub. L. 101-647, title XXXV,
3584, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 102-521, 3, Oct. 25,
1992, 106 Stat. 3404.)
The Federal Rules of Criminal Procedure, referred to in subsec. (c),
are set out in the Appendix to this title.
A prior section 3563, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1992 -- Subsec. (b)(21), (22). Pub. L. 102-521 added par. (21) and
redesignated former par. (21) as (22).
1990 -- Subsec. (a). Pub. L. 101-647, 3584(1), substituted
''defendant'' for ''defendent'' in last sentence.
Subsec. (b)(3). Pub. L. 101-647, 3584(2), substituted ''under
sections 3663 and 3664'' for ''pursuant to the provisions of section
3663 and 3664'' and ''section 3663(a)'' for ''3663(a)''.
1988 -- Subsec. (a)(2). Pub. L. 100-690, 7086, inserted '', unless
the court finds on the record that extraordinary circumstances exist
that would make such a condition plainly unreasonable, in which event
the court shall impose one or more of the other conditions set forth
under subsection (b)''.
Subsec. (a)(3). Pub. L. 100-690, 7303(a)(1), added par. (3).
Subsec. (b)(3). Pub. L. 100-690, 7110, substituted ''3663 and 3664
(but not subject to the limitations of 3663(a))'' for ''3556''.
Subsec. (b)(20), (21). Pub. L. 100-690, 7305(a), added par. (20)
and redesignated former par. (20) as (21).
1987 -- Subsec. (b)(12). Pub. L. 100-182, 18, inserted ''(including
a facility maintained or under contract to the Bureau of Prisons)''
after ''facility''.
Subsec. (c). Pub. L. 100-182, 10, struck out comma after ''The court
may'' and substituted ''the modification of probation and'' for
''revocation or modification of probation''.
1986 -- Subsec. (b)(11). Pub. L. 99-646, 11(a), struck out ''in
section 3581(b)'' after ''the offense''.
Subsec. (c). Pub. L. 99-646, 12(a), struck out '', after a hearing''
after ''court may'' and inserted ''the provisions of the Federal Rules
of Criminal Procedure relating to revocation or modification of
probation'' after ''pursuant to''.
Section 7303(d) of Pub. L. 100-690 provided that: ''The amendments
made by this section (amending this section and sections 3565, 3583,
4209, and 4214 of this title) shall apply with respect to persons whose
probation, supervised release, or parole begins after December 31,
1988.''
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set
out as a note under section 3006A of this title.
Section 11(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the date of
the taking effect of such section 3563(b)(11) (Nov. 1, 1987).''
Section 12(c)(1) of Pub. L. 99-646 provided that: ''The amendments
made by subsection (a) (amending this section) shall take effect on the
date of the taking effect of such section 3563(c) (Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3564. Running of a term of probation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Commencement. -- A term of probation commences on the day that
the sentence of probation is imposed, unless otherwise ordered by the
court.
(b) Concurrence With Other Sentences. -- Multiple terms of probation,
whether imposed at the same time or at different times, run concurrently
with each other. A term of probation runs concurrently with any
Federal, State, or local term of probation, supervised release, or
parole for another offense to which the defendant is subject or becomes
subject during the term of probation. A term of probation does not run
while the defendant is imprisoned in connection with a conviction for a
Federal, State, or local crime unless the imprisonment is for a period
of less than thirty consecutive days.
(c) Early Termination. -- The court, after considering the factors
set forth in section 3553(a) to the extent that they are applicable,
may, pursuant to the provisions of the Federal Rules of Criminal
Procedure relating to the modification of probation, terminate a term of
probation previously ordered and discharge the defendant at any time in
the case of a misdemeanor or an infraction or at any time after the
expiration of one year of probation in the case of a felony, if it is
satisfied that such action is warranted by the conduct of the defendant
and the interest of justice.
(d) Extension. -- The court may, after a hearing, extend a term of
probation, if less than the maximum authorized term was previously
imposed, at any time prior to the expiration or termination of the term
of probation, pursuant to the provisions applicable to the initial
setting of the term of probation.
(e) Subject to Revocation. -- A sentence of probation remains
conditional and subject to revocation until its expiration or
termination.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1994; amended Pub. L. 99-646, 13(a), Nov. 10, 1986, 100 Stat. 3594;
Pub. L. 100-182, 11, Dec. 7, 1987, 101 Stat. 1268.)
The Federal Rules of Criminal Procedure, referred to in subsec. (c),
are set out in the Appendix to this title.
A prior section 3564, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1987 -- Subsec. (c). Pub. L. 100-182 inserted '', pursuant to the
provisions of the Federal Rules of Criminal Procedure relating to the
modification of probation,'' after ''may''.
1986 -- Subsec. (b). Pub. L. 99-646 substituted provision that the
term of probation does not run while the defendant is imprisoned in
connection with a conviction for a Federal, State, or local crime unless
the imprisonment is for a period of less than thirty consecutive days,
for provision that the term of probation does not run during any period
in which the defendant is imprisoned for a period of at least thirty
consecutive days in connection with a conviction for a Federal, State,
or local crime.
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set
out as a note under section 3006A of this title.
Section 13(b) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section) shall take effect on the
date of the taking effect of such section 3564 (Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3565. Revocation of probation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Continuation or Revocation. -- If the defendant violates a
condition of probation at any time prior to the expiration or
termination of the term of probation, the court may, after a hearing
pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, and
after considering the factors set forth in section 3553(a) to the extent
that they are applicable --
(1) continue him on probation, with or without extending the term or
modifying or enlarging the conditions; or
(2) revoke the sentence of probation and impose any other sentence
that was available under subchapter A at the time of the initial
sentencing.
Notwithstanding any other provision of this section, if a defendant
is found by the court to be in possession of a controlled substance,
thereby violating the condition imposed by section 3563(a)(3), the court
shall revoke the sentence of probation and sentence the defendant to not
less than one-third of the original sentence.
(b) Mandatory Revocation for Possession of a Firearm. -- If the
defendant is in actual possession of a firearm, as that term is defined
in section 921 of this title, at any time prior to the expiration or
termination of the term of probation, the court shall, after a hearing
pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke
the sentence of probation and impose any other sentence that was
available under subchapter A at the time of the initial sentencing.
(c) Delayed Revocation. -- The power of the court to revoke a
sentence of probation for violation of a condition of probation, and to
impose another sentence, extends beyond the expiration of the term of
probation for any period reasonably necessary for the adjudication of
matters arising before its expiration if, prior to its expiration, a
warrant or summons has been issued on the basis of an allegation of such
a violation.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1995; amended Pub. L. 100-690, title VI, 6214, title VII, 7303(a)(2),
Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101-647, title XXXV,
3585, Nov. 29, 1990, 104 Stat. 4930.)
The Federal Rules of Criminal Procedure, referred to in subsecs. (a)
and (b), are set out in the Appendix to this title.
A prior section 3565, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1990 -- Subsec. (a)(1). Pub. L. 101-647 substituted ''or modifying''
for ''of modifying''.
1988 -- Subsec. (a). Pub. L. 100-690, 7303(a)(2), inserted at end
''Notwithstanding any other provision of this section, if a defendant is
found by the court to be in possession of a controlled substance,
thereby violating the condition imposed by section 3563(a)(3), the court
shall revoke the sentence of probation and sentence the defendant to not
less than one-third of the original sentence.''
Subsecs. (b), (c). Pub. L. 100-690, 6214, added subsec. (b) and
redesignated former subsec. (b) as (c).
Amendment by section 7303(a)(2) of Pub. L. 100-690 applicable with
respect to persons whose probation, supervised release, or parole begins
after Dec. 31, 1988, see section 7303(d) of Pub. L. 100-690, set out
as a note under section 3563 of this title.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3566. Implementation of a sentence of probation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The implementation of a sentence of probation is governed by the
provisions of subchapter A of chapter 229.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1995.)
Prior sections 3566 to 3570, applicable to offenses committed prior
to Nov. 1, 1987, are contained in chapter 227 set out as a note
following this chapter.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Sec.
3571. Sentence of fine.
3572. Imposition of a sentence of fine and related matters.
3573. Petition of the Government for modification or remission.
3574. Implementation of a sentence of fine.
1990 -- Pub. L. 101-647, title XXXV, 3586(1), Nov. 29, 1990, 104
Stat. 4930, which directed the insertion of ''and related matters''
after ''fines'' in item 3572, was executed by making the insertion after
''fine'' to reflect the probable intent of Congress.
Pub. L. 101-647, title XXXV, 3586(2), Nov. 29, 1990, 104 Stat.
4930, substituted ''remission'' for ''revision'' in item 3573.
1987 -- Pub. L. 100-185, 8(b), Dec. 11, 1987, 101 Stat. 1282,
substituted ''Petition of the Government for modification or revision''
for ''Modification or remission of fine'' in item 3573.
18 USC SUBCHAPTER C -- FINES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 3571. Sentence of fine
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- A defendant who has been found guilty of an
offense may be sentenced to pay a fine.
(b) Fines for Individuals. -- Except as provided in subsection (e) of
this section, an individual who has been found guilty of an offense may
be fined not more than the greatest of --
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more
than $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not
more than $5,000; or
(7) for an infraction, not more than $5,000.
(c) Fines for Organizations. -- Except as provided in subsection (e)
of this section, an organization that has been found guilty of an
offense may be fined not more than the greatest of --
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (d) of this section;
(3) for a felony, not more than $500,000;
(4) for a misdemeanor resulting in death, not more than $500,000;
(5) for a Class A misdemeanor that does not result in death, not more
than $200,000;
(6) for a Class B or C misdemeanor that does not result in death, not
more than $10,000; and
(7) for an infraction, not more than $10,000.
(d) Alternative Fine Based on Gain or Loss. -- If any person derives
pecuniary gain from the offense, or if the offense results in pecuniary
loss to a person other than the defendant, the defendant may be fined
not more than the greater of twice the gross gain or twice the gross
loss, unless imposition of a fine under this subsection would unduly
complicate or prolong the sentencing process.
(e) Special Rule for Lower Fine Specified in Substantive Provision.
-- If a law setting forth an offense specifies no fine or a fine that is
lower than the fine otherwise applicable under this section and such
law, by specific reference, exempts the offense from the applicability
of the fine otherwise applicable under this section, the defendant may
not be fined more than the amount specified in the law setting forth the
offense.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1995; amended Pub. L. 100-185, 6, Dec. 11, 1987, 101 Stat. 1280.)
A prior section 3571, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1987 -- Pub. L. 100-185 amended section generally, revising and
restating as subsecs. (a) to (e) provisions formerly contained in
subsecs. (a) and (b).
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3572. Imposition of a sentence of fine and related matters
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Factors To Be Considered. -- In determining whether to impose a
fine, and the amount, time for payment, and method of payment of a fine,
the court shall consider, in addition to the factors set forth in
section 3553(a) --
(1) the defendant's income, earning capacity, and financial
resources;
(2) the burden that the fine will impose upon the defendant, any
person who is financially dependent on the defendant, or any other
person (including a government) that would be responsible for the
welfare of any person financially dependent on the defendant, relative
to the burden that alternative punishments would impose;
(3) any pecuniary loss inflicted upon others as a result of the
offense;
(4) whether restitution is ordered or made and the amount of such
restitution;
(5) the need to deprive the defendant of illegally obtained gains
from the offense;
(6) whether the defendant can pass on to consumers or other persons
the expense of the fine; and
(7) if the defendant is an organization, the size of the organization
and any measure taken by the organization to discipline any officer,
director, employee, or agent of the organization responsible for the
offense and to prevent a recurrence of such an offense.
(b) Fine Not to Impair Ability to Make Restitution. -- If, as a
result of a conviction, the defendant has the obligation to make
restitution to a victim of the offense, the court shall impose a fine or
other monetary penalty only to the extent that such fine or penalty will
not impair the ability of the defendant to make restitution.
(c) Effect of Finality of Judgment. -- Notwithstanding the fact that
a sentence to pay a fine can subsequently be --
(1) modified or remitted under section 3573;
(2) corrected under rule 35 of the Federal Rules of Criminal
Procedure and section 3742; or
(3) appealed and modified under section 3742;
a judgment that includes such a sentence is a final judgment for all
other purposes.
(d) Time, Method of Payment, and Related Items. -- A person sentenced
to pay a fine or other monetary penalty shall make such payment
immediately, unless, in the interest of justice, the court provides for
payment on a date certain or in installments. If the court provides for
payment in installments, the installments shall be in equal monthly
payments over the period provided by the court, unless the court
establishes another schedule. If the judgment permits other than
immediate payment, the period provided for shall not exceed five years,
excluding any period served by the defendant as imprisonment for the
offense.
(e) Alternative Sentence Precluded. -- At the time a defendant is
sentenced to pay a fine, the court may not impose an alternative
sentence to be carried out if the fine is not paid.
(f) Responsibility for Payment of Monetary Obligation Relating to
Organization. -- If a sentence includes a fine, special assessment, or
other monetary obligation (including interest) with respect to an
organization, each individual authorized to make disbursements for the
organization has a duty to pay the obligation from assets of the
organization. If such an obligation is imposed on a director, officer,
shareholder, employee, or agent of an organization, payments may not be
made, directly or indirectly, from assets of the organization, unless
the court finds that such payment is expressly permissible under
applicable State law.
(g) Security for Stayed Fine. -- If a sentence imposing a fine is
stayed, the court shall, absent exceptional circumstances (as determined
by the court) --
(1) require the defendant to deposit, in the registry of the district
court, any amount of the fine that is due;
(2) require the defendant to provide a bond or other security to
ensure payment of the fine; or
(3) restrain the defendant from transferring or dissipating assets.
(h) Delinquency. -- A fine is delinquent if a payment is more than 30
days late.
(i) Default. -- A fine is in default if a payment is delinquent for
more than 90 days. When a fine is in default, the entire amount of the
fine is due within 30 days after notification of the default,
notwithstanding any installment schedule.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1995; amended Pub. L. 100-185, 7, Dec. 11, 1987, 101 Stat. 1280;
Pub. L. 101-647, title XXXV, 3587, Nov. 29, 1990, 104 Stat. 4930.)
The Federal Rules of Criminal Procedure, referred to in subsec.
(c)(2), are set out in the Appendix to this title.
A prior section 3572, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1990 -- Subsec. (c)(2). Pub. L. 101-647 inserted ''of the Federal
Rules of Criminal Procedure'' after ''rule 35''.
1987 -- Pub. L. 100-185 inserted ''and related matters'' in section
catchline and amended text generally, revising and restating as subsecs.
(a) to (i) provisions formerly contained in subsecs. (a) to (j).
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3573. Petition of the Government for modification or remission
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Upon petition of the Government showing that reasonable efforts to
collect a fine or assessment are not likely to be effective, the court
may, in the interest of justice --
(1) remit all or part of the unpaid portion of the fine or special
assessment, including interest and penalties;
(2) defer payment of the fine or special assessment to a date certain
or pursuant to an installment schedule; or
(3) extend a date certain or an installment schedule previously
ordered.
A petition under this subsection shall be filed in the court in which
sentence was originally imposed, unless the court transfers jurisdiction
to another court. This section shall apply to all fines and assessments
irrespective of the date of imposition.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1997; amended Pub. L. 100-185, 8(a), Dec. 11, 1987, 101 Stat. 1282;
Pub. L. 100-690, title VII, 7082(a), Nov. 18, 1988, 102 Stat. 4407.)
A prior section 3573, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
1988 -- Pub. L. 100-690 inserted at end ''This section shall apply
to all fines and assessments irrespective of the date of imposition.''
1987 -- Pub. L. 100-185 substituted ''Petition of the Government for
modification or remission'' for ''Modification or remission of fine'' in
section catchline and amended text generally, revising and restating as
a single paragraph with three numbered clauses provisions formerly
contained in subsecs. (a) and (b).
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3574. Implementation of a sentence of fine
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The implementation of a sentence to pay a fine is governed by the
provisions of subchapter B of chapter 229.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1997.)
A prior section 3574, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 227 set out as a note following this
chapter.
Prior sections 3575 to 3580, applicable to offenses committed prior
to Nov. 1, 1987, are contained in chapter 227 set out as a note
following this chapter. Sections 3577 to 3580 were renumbered sections
3661 to 3664, respectively, of chapter 232 of this title, effective Nov.
1, 1987, and applicable only to offenses committed after the taking
effect of such renumbering.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Sec.
3581. Sentence of imprisonment.
3582. Imposition of a sentence of imprisonment.
3583. Inclusion of a term of supervised release after imprisonment.
3584. Multiple sentences of imprisonment.
3585. Calculation of a term of imprisonment.
3586. Implementation of a sentence of imprisonment.
18 USC SUBCHAPTER D -- IMPRISONMENT
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 3581. Sentence of imprisonment
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- A defendant who has been found guilty of an
offense may be sentenced to a term of imprisonment.
(b) Authorized Terms. -- The authorized terms of imprisonment are --
(1) for a Class A felony, the duration of the defendant's life or any
period of time;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twelve years;
(4) for a Class D felony, not more than six years;
(5) for a Class E felony, not more than three years;
(6) for a Class A misdemeanor, not more than one year;
(7) for a Class B misdemeanor, not more than six months;
(8) for a Class C misdemeanor, not more than thirty days; and
(9) for an infraction, not more than five days.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1998.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
section 2901.
18 USC 3582. Imposition of a sentence of imprisonment
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Factors To Be Considered in Imposing a Term of Imprisonment. --
The court, in determining whether to impose a term of imprisonment, and,
if a term of imprisonment is to be imposed, in determining the length of
the term, shall consider the factors set forth in section 3553(a) to the
extent that they are applicable, recognizing that imprisonment is not an
appropriate means of promoting correction and rehabilitation. In
determining whether to make a recommendation concerning the type of
prison facility appropriate for the defendant, the court shall consider
any pertinent policy statements issued by the Sentencing Commission
pursuant to 28 U.S.C. 994(a)(2).
(b) Effect of Finality of Judgment. -- Notwithstanding the fact that
a sentence to imprisonment can subsequently be --
(1) modified pursuant to the provisions of subsection (c);
(2) corrected pursuant to the provisions of rule 35 of the Federal
Rules of Criminal Procedure and section 3742; or
(3) appealed and modified, if outside the guideline range, pursuant
to the provisions of section 3742;
a judgment of conviction that includes such a sentence constitutes a
final judgment for all other purposes.
(c) Modification of an Imposed Term of Imprisonment. -- The court may
not modify a term of imprisonment once it has been imposed except that
--
(1) in any case --
(A) the court, upon motion of the Director of the Bureau of Prisons,
may reduce the term of imprisonment, after considering the factors set
forth in section 3553(a) to the extent that they are applicable, if it
finds that extraordinary and compelling reasons warrant such a reduction
and that such a reduction is consistent with applicable policy
statements issued by the Sentencing Commission; and
(B) the court may modify an imposed term of imprisonment to the
extent otherwise expressly permitted by statute or by Rule 35 of the
Federal Rules of Criminal Procedure; and
(2) in the case of a defendant who has been sentenced to a term of
imprisonment based on a sentencing range that has subsequently been
lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon
motion of the defendant or the Director of the Bureau of Prisons, or on
its own motion, the court may reduce the term of imprisonment, after
considering the factors set forth in section 3553(a) to the extent that
they are applicable, if such a reduction is consistent with applicable
policy statements issued by the Sentencing Commission.
(d) Inclusion of an Order To Limit Criminal Association of Organized
Crime and Drug Offenders. -- The court, in imposing a sentence to a term
of imprisonment upon a defendant convicted of a felony set forth in
chapter 95 (racketeering) or 96 (racketeer influenced and corrupt
organizations) of this title or in the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.), or at any
time thereafter upon motion by the Director of the Bureau of Prisons or
a United States attorney, may include as a part of the sentence an order
that requires that the defendant not associate or communicate with a
specified person, other than his attorney, upon a showing of probable
cause to believe that association or communication with such person is
for the purpose of enabling the defendant to control, manage, direct,
finance, or otherwise participate in an illegal enterprise.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1998; amended Pub. L. 100-690, title VII, 7107, Nov. 18, 1988, 102
Stat. 4418; Pub. L. 101-647, title XXXV, 3588, Nov. 29, 1990, 104
Stat. 4930.)
The Federal Rules of Criminal Procedure, referred to in subsec.
(b)(2), are set out in the Appendix to this title.
The Comprehensive Drug Abuse Prevention and Control Act of 1970,
referred to in subsec. (d), is Pub. L. 91-513, Oct. 27, 1970, 84
Stat. 1236, as amended, which is classified principally to chapter 13 (
801 et seq.) of Title 21, Food and Drugs. For complete classification
of this Act to the Code, see Short Title note set out under section 801
of Title 21 and Tables.
1990 -- Subsec. (b)(2). Pub. L. 101-647 inserted ''of the Federal
Rules of Criminal Procedure'' after ''rule 35''.
1988 -- Subsec. (c)(2). Pub. L. 100-690 substituted ''994(o)'' for
''994(n)''.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3583. Inclusion of a term of supervised release after
imprisonment
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) In General. -- The court, in imposing a sentence to a term of
imprisonment for a felony or a misdemeanor, may include as a part of the
sentence a requirement that the defendant be placed on a term of
supervised release after imprisonment, except that the court shall
include as a part of the sentence a requirement that the defendant be
placed on a term of supervised release if such a term is required by
statute.
(b) Authorized Terms of Supervised Release. -- Except as otherwise
provided, the authorized terms of supervised release are --
(1) for a Class A or Class B felony, not more than five years;
(2) for a Class C or Class D felony, not more than three years; and
(3) for a Class E felony, or for a misdemeanor (other than a petty
offense), not more than one year.
(c) Factors To Be Considered in Including a Term of Supervised
Release. -- The court, in determining whether to include a term of
supervised release, and, if a term of supervised release is to be
included, in determining the length of the term and the conditions of
supervised release, shall consider the factors set forth in section
3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6).
(d) Conditions of Supervised Release. -- The court shall order, as an
explicit condition of supervised release, that the defendant not commit
another Federal, State, or local crime during the term of supervision
and that the defendant not possess illegal controlled substances. The
court may order, as a further condition of supervised release, to the
extent that such condition --
(1) is reasonably related to the factors set forth in section
3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D);
(2) involves no greater deprivation of liberty than is reasonably
necessary for the purposes set forth in section 3553(a)(2)(B),
(a)(2)(C), and (a)(2)(D); and
(3) is consistent with any pertinent policy statements issued by the
Sentencing Commission pursuant to 28 U.S.C. 994(a);
any condition set forth as a discretionary condition of probation in
section 3563(b)(1) through (b)(10) and (b)(12) through (b)(20), and any
other condition it considers to be appropriate. If an alien defendant
is subject to deportation, the court may provide, as a condition of
supervised release, that he be deported and remain outside the United
States, and may order that he be delivered to a duly authorized
immigration official for such deportation.
(e) Modification of Conditions or Revocation. -- The court may, after
considering the factors set forth in section 3553(a)(1), (a)(2)(B),
(a)(2)(C), (a)(2)(D), (a)(4), (a)(5), and (a)(6) --
(1) terminate a term of supervised release and discharge the person
released at any time after the expiration of one year of supervised
release, pursuant to the provisions of the Federal Rules of Criminal
Procedure relating to the modification of probation, if it is satisfied
that such action is warranted by the conduct of the person released and
the interest of justice;
(2) extend a term of supervised release if less than the maximum
authorized term was previously imposed, and may modify, reduce, or
enlarge the conditions of supervised release, at any time prior to the
expiration or termination of the term of supervised release, pursuant to
the provisions of the Federal Rules of Criminal Procedure relating to
the modification of probation and the provisions applicable to the
initial setting of the terms and conditions of post-release supervision;
(3) revoke a term of supervised release, and require the person to
serve in prison all or part of the term of supervised release without
credit for time previously served on postrelease supervision, if it
finds by a preponderance of the evidence that the person violated a
condition of supervised release, pursuant to the provisions of the
Federal Rules of Criminal Procedure that are applicable to probation
revocation and to the provisions of applicable policy statements issued
by the Sentencing Commission, except that a person whose term is revoked
under this paragraph may not be required to serve more than 3 years in
prison if the offense for which the person was convicted was a Class B
felony, or more than 2 years in prison if the offense was a Class C or D
felony; or
(4) order the person to remain at his place of residence during
nonworking hours and, if the court so directs, to have compliance
monitored by telephone or electronic signaling devices, except that an
order under this paragraph may be imposed only as an alternative to
incarceration.
(f) Written Statement of Conditions. -- The court shall direct that
the probation officer provide the defendant with a written statement
that sets forth all the conditions to which the term of supervised
release is subject, and that is sufficiently clear and specific to serve
as a guide for the defendant's conduct and for such supervision as is
required.
(g) Possession of Controlled Substances. -- If the defendant is found
by the court to be in the possession of a controlled substance, the
court shall terminate the term of supervised release and require the
defendant to serve in prison not less than one-third of the term of
supervised release.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
1999; amended Pub. L. 99-570, title I, 1006(a)(1)-(3), Oct. 27, 1986,
100 Stat. 3207-6; Pub. L. 99-646, 14(a), Nov. 10, 1986, 100 Stat.
3594; Pub. L. 100-182, 8, 9, 12, 25, Dec. 7, 1987, 101 Stat. 1267,
1268, 1272; Pub. L. 100-690, title VII, 7108, 7303(b), 7305(b), Nov.
18, 1988, 102 Stat. 4418, 4464, 4465; Pub. L. 101-647, title XXXV,
3589, Nov. 29, 1990, 104 Stat. 4930.)
The Federal Rules of Criminal Procedure, referred to in subsec.
(e)(1), (2), (3), are set out in the Appendix to this title.
1990 -- Subsec. (d)(2). Pub. L. 101-647, 3589(1), inserted a comma
after ''3553(a)(2)(B)''.
Subsec. (e)(2) to (5). Pub. L. 101-647, 3589(2)(A)-(C), struck out
''or'' at end of par. (2), substituted ''; or'' for period at end of
par. (3), and redesignated par. (5) as (4).
1988 -- Subsec. (d). Pub. L. 100-690, 7303(b)(1), inserted ''and
that the defendant not possess illegal controlled substances'' before
period at end of first sentence.
Pub. L. 100-690, 7305(b)(1), substituted ''(b)(20)'' for ''(b)(19)''
in concluding provisions.
Subsec. (d)(1). Pub. L. 100-690, 7108(a)(1), inserted ''(a)(2)(C),''
after ''(a)(2)(B),''.
Subsec. (d)(2). Pub. L. 100-690, 7108(a)(2), which directed that
''(a)(2)(C),'' be inserted after ''(a)(2)(B),'', was executed by
inserting ''(a)(2)(C),'' after ''(a)(2)(B)'' as the probable intent of
Congress, because no comma appeared after ''(a)(2)(B)''.
Subsec. (e). Pub. L. 100-690, 7108(b)(1), inserted ''(a)(2)(C),''
after ''(a)(2)(B),'' in introductory provisions.
Subsec. (e)(2). Pub. L. 100-690, 7108(b)(2), inserted ''or'' after
''supervision;''.
Subsec. (e)(3). Pub. L. 100-690, 7305(b)(2)(A), which directed
amendment of par. (3) by striking ''or'' at the end could not be
executed because of the intervening amendment by Pub. L. 100-690,
7108(b)(3), (4). See below.
Pub. L. 100-690, 7108(b)(3), (4), redesignated par. (4) as (3) and
struck out former par. (3) which read as follows: ''treat a violation
of a condition of a term of supervised release as contempt of court
pursuant to section 401(3) of this title; or''.
Subsec. (e)(4). Pub. L. 100-690, 7305(b)(2)(B), which directed
amendment of par. (4) by striking the period at the end and inserting
''; or'' could not be executed because subsec. (e) did not contain a
par. (4) after the intervening amendment by Pub. L. 100-690,
7108(b)(4). See below.
Pub. L. 100-690, 7108(b)(4), redesignated par. (4) as (3).
Subsec. (e)(5). Pub. L. 100-690, 7305(b)(2)(C), added par. (5).
Subsec. (g). Pub. L. 100-690, 7303(b)(2), added subsec. (g).
1987 -- Subsec. (b)(1). Pub. L. 100-182, 8(1), substituted ''five
years'' for ''three years''.
Subsec. (b)(2). Pub. L. 100-182, 8(2), substituted ''three years''
for ''two years''.
Subsec. (b)(3). Pub. L. 100-182, 8(3), inserted ''(other than a
petty offense)'' after ''misdemeanor''.
Subsec. (c). Pub. L. 100-182, 9, inserted ''(a)(2)(C),''.
Subsec. (e)(1). Pub. L. 100-182, 12(1), inserted ''pursuant to the
provisions of the Federal Rules of Criminal Procedure relating to the
modification of probation,''.
Subsec. (e)(2). Pub. L. 100-182, 12(2), struck out ''after a
hearing,'' before ''extend a term'' and inserted ''the provisions of the
Federal Rules of Criminal Procedure relating to the modification of
probation and'' after ''pursuant to''.
Subsec. (e)(4). Pub. L. 100-182, 25, inserted '', except that a
person whose term is revoked under this paragraph may not be required to
serve more than 3 years in prison if the offense for which the person
was convicted was a Class B felony, or more than 2 years in prison if
the offense was a Class C or D felony'' before ''Commission'' at end.
1986 -- Subsec. (a). Pub. L. 99-570, 1006(a)(1), inserted '',
except that the court shall include as a part of the sentence a
requirement that the defendant be placed on a term of supervised release
if such a term is required by statute''.
Subsec. (b). Pub. L. 99-570, 1006(a)(2), substituted ''Except as
otherwise provided, the'' for ''The''.
Subsec. (e). Pub. L. 99-570, 1006(a)(3)(A), and Pub. L. 99-646,
14(a)(1), amended section catchline identically, substituting
''conditions or revocation'' for ''term or conditions''.
Subsec. (e)(1). Pub. L. 99-646, 14(a)(2), struck out ''previously
ordered'' before ''and discharge''.
Subsec. (e)(4). Pub. L. 99-570, 224(a)(3)(B)-(D), added par. (4).
Amendment by section 7303(b) of Pub. L. 100-690 applicable with
respect to persons whose probation, supervised release, or parole begins
after Dec. 31, 1988, see section 7303(d) of Pub. L. 100-690, set out
as a note under section 3563 of this title.
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set
out as a note under section 3006A of this title.
Section 14(b) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section) shall take effect on the
date of the taking effect of section 3583 of title 18, United States
Code (Nov. 1, 1987).''
Section 1006(a)(4) of Pub. L. 99-570 provided that: ''The
amendments made by this subsection (amending this section) shall take
effect on the date of the taking effect of section 3583 of title 18,
United States Code (Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3584. Multiple sentences of imprisonment
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Imposition of Concurrent or Consecutive Terms. -- If multiple
terms of imprisonment are imposed on a defendant at the same time, or if
a term of imprisonment is imposed on a defendant who is already subject
to an undischarged term of imprisonment, the terms may run concurrently
or consecutively, except that the terms may not run consecutively for an
attempt and for another offense that was the sole objective of the
attempt. Multiple terms of imprisonment imposed at the same time run
concurrently unless the court orders or the statute mandates that the
terms are to run consecutively. Multiple terms of imprisonment imposed
at different times run consecutively unless the court orders that the
terms are to run concurrently.
(b) Factors To Be Considered in Imposing Concurrent or Consecutive
Terms. -- The court, in determining whether the terms imposed are to be
ordered to run concurrently or consecutively, shall consider, as to each
offense for which a term of imprisonment is being imposed, the factors
set forth in section 3553(a).
(c) Treatment of Multiple Sentence as an Aggregate. -- Multiple terms
of imprisonment ordered to run consecutively or concurrently shall be
treated for administrative purposes as a single, aggregate term of
imprisonment.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2000.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3585. Calculation of a term of imprisonment
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Commencement of Sentence. -- A sentence to a term of imprisonment
commences on the date the defendant is received in custody awaiting
transportation to, or arrives voluntarily to commence service of
sentence at, the official detention facility at which the sentence is to
be served.
(b) Credit for Prior Custody. -- A defendant shall be given credit
toward the service of a term of imprisonment for any time he has spent
in official detention prior to the date the sentence commences --
(1) as a result of the offense for which the sentence was imposed;
or
(2) as a result of any other charge for which the defendant was
arrested after the commission of the offense for which the sentence was
imposed;
that has not been credited against another sentence.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2001.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3586. Implementation of a sentence of imprisonment
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The implementation of a sentence of imprisonment is governed by the
provisions of subchapter C of chapter 229 and, if the sentence includes
a term of supervised release, by the provisions of subchapter A of
chapter 229.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2001.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC (CHAPTER 227 -- REPEALED) /1/
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
/1/ Another chapter 227 ''SENTENCES'' ( 3551 to 3586) became
effective Nov. 1, 1987, and is set out preceding this chapter.
18 USC ( 3561 to 3580. Repealed or Renumbered. Pub. L. 98-473, title
II, 212(a)(2), Oct. 12, 1984, 98 Stat. 1987)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
. 1, 1987
Pub. L. 98-473, title II, 212(a)(1), (2), 235(a)(1), Oct. 12,
1984, 98 Stat. 1987, 2031, as amended, enacted a new chapter 227 (
3551 to 3586) and repealed this chapter 227 (except sections 3577 to
3580 which were renumbered sections 3661 to 3664, respectively),
effective Nov. 1, 1987, and applicable only to offenses committed after
the taking effect of such repeal. New chapter 227 is set out preceding
this chapter. Section 235 of Pub. L. 98-473, as amended, relating to
effective dates, is set out as an Effective Date note under section 3551
of this title. Prior to repeal, the provisions of this chapter read as
follows:
3561. Judgment form and entry -- (Rule)
Judgment to be signed by judge and entered by clerk, Rule 32(b).
(June 25, 1948, ch. 645, 62 Stat. 837.)
3562. Sentence -- (Rule)
Imposition of sentence; commitment; bail; presentence
investigation and report, Rule 32(a, c).
(June 25, 1948, ch. 645, 62 Stat. 837.)
3563. Corruption of blood or forfeiture of estate
No conviction or judgment shall work corruption of blood or any
forfeiture of estate.
(June 25, 1948, ch. 645, 62 Stat. 837.)
3564. Pillory and whipping
The punishment of whipping and of standing in the pillory shall not
be inflicted.
(June 25, 1948, ch. 645, 62 Stat. 837.)
3565. Collection and payment of fines and penalties
(a)(1) Except as provided in paragraph (2) of this subsection, in all
criminal cases in which judgment or sentence is rendered, imposing the
payment of a fine or penalty, whether alone or with any other kind of
punishment, such judgment, so far as the fine or penalty is concerned,
may be enforced by execution against the property of the defendant in
like manner as judgments in civil cases. If the court finds by a
preponderance of the information relied upon in imposing sentence that
the defendant has the present ability to pay a fine or penalty, the
judgment may direct imprisonment until the fine or penalty is paid, and
the issue of execution on the judgment shall not discharge the defendant
from imprisonment until the amount of the judgment is paid.
(2) A judgment imposing the payment of a fine or penalty shall, upon
the filing of notice of lien in the manner in which a notice of tax lien
would be filed under section 6323(f) of the Internal Revenue Code of
1986, be a lien in favor of the United States upon all property and
rights of property belonging to the defendant, except with respect to
properties or transactions specified in subsections (b), (c) or (d) of
section 6323 of the Internal Revenue Code of 1986 for which a notice of
tax lien properly filed on the same date would not be valid and except
with respect to property that would be exempt from levy for taxes under
section 6334(a) of the Code. Such lien shall be valid against any
subsequent purchaser, holder of a security interest, mechanic's lienor
or judgment creditor. A writ of execution may be issued with respect to
any property or rights to property subject to such lien.
(3) Such lien is valid against property referred to in paragraph (2)
of this subsection if, but for such paragraph, applicable law would
permit enforcement of the lien.
(4) The effect of any execution, whether by attachment, garnishment,
levy or other means, on salary, wages or other income payable to or
receivable by a defendant shall be continuous from the date such
execution is first made until the liability for the fine or penalty to
which the execution relates is satisfied, the liability ceases to exist
or becomes unenforceable, or the execution is released. Salaries, wages
and other income shall be exempt from execution only to the extent of
the exemptions from levy for taxes provided in section 6334(d) of the
Internal Revenue Code of 1986.
(5) For the purposes of any State or local law providing for the
filing of a notice of a tax lien, a notice of lien for a judgment
imposing the payment of a fine or penalty shall be considered a notice
of lien for taxes payable to the United States. If such notice is not
accepted for filing, the registration, recording, docketing, or
indexing, of the judgment imposing payment of a fine or penalty in
accordance with section 1962 of title 28, United States Code shall be
considered for all purposes as the filing prescribed by this subsection.
(b)(1) A judgment imposing the payment of a fine or penalty shall --
(A) provide for immediate payment unless, in the interest of justice,
the court specifies payment on a date certain or in installments;
(B) include the name and address of the defendant, the docket number
of the case, the amount of the fine, and the schedule of payments (if
other than immediate payment is specified); and
(C) if other than immediate payment is specified, require the
defendant to notify the appropriate United States Attorney of any change
in the name or address of the defendant.
(2) If the judgment specifies other than immediate payment of a fine
or penalty, the period provided for payment shall not exceed five years,
excluding any period served by the defendant as imprisonment for the
offense. The defendant shall pay interest on any amount payment of
which is deferred under this paragraph. The interest shall be computed
on the unpaid balance at the rate of 1.5 percent per month for each full
calendar month for which such amount is unpaid.
(3) If the judgment specifies other than immediate payment of a fine
or penalty, and the defendant does not pay an amount due, at the
discretion of the Attorney General, the entire unpaid balance shall be
payable immediately.
(c)(1) The defendant shall pay interest on any amount of a fine or
penalty (other than a penalty under paragraph (2) of this subsection)
that is past due. The interest shall be computed on the unpaid balance
at the rate of 1.5 percent per month.
(2) If an amount owed by a defendant as a fine or penalty is past due
for more than 90 days, the defendant shall pay, in addition to any
amount otherwise payable, a penalty equal to 25 percent of the amount
past due.
(d)(1) Except as provided in paragraph (2) of this subsection, the
defendant shall pay to the Attorney General any amount due as a fine or
penalty.
(2) The Attorney General and the Director of the Administrative
Office of the United States Courts may jointly provide by regulation
that fines and penalties for specified categories of offenses shall be
paid to the clerk of the court.
(e) If a fine or penalty exceeds $500, the clerk of the court shall
furnish to the Attorney General a certified copy of the judgment.
(f) If a fine or penalty is imposed on an organization, it is the
duty of each individual authorized to make disbursements for the
organization to make payment from assets of the organization. If a fine
or penalty is imposed on a director, officer, employee, or agent of an
organization, payment shall not be made, directly or indirectly, from
assets of the organization, unless the court finds that such payment is
expressly permissible under applicable State law.
(g) When a fine or penalty is satisfied as provided by law, the
Attorney General shall file with the court a notice of satisfaction of
judgment if the defendant makes a written request to the Attorney
General for such filing, or if the amount of the fine or penalty exceeds
$500. Upon request of the defendant, the clerk shall furnish to the
defendant a certified copy of the notice.
(h) The obligation to pay a fine or penalty ceases upon the death of
the defendant or the expiration of twenty years after the date of the
entry of the judgment, whichever occurs earlier. The defendant and the
Attorney General may agree in writing to extend such twenty-year period.
(June 25, 1948, ch. 645, 62 Stat. 837; Oct. 12, 1984, Pub. L.
98-473, title II, 235(a)(1), 238(g)(1), (i), 98 Stat. 2031, 2039;
Oct. 30, 1984, Pub. L. 98-596, 2, 12(a)(7)(A), (9), (b), 98 Stat.
3134, 3139, 3140; Oct. 22, 1986, Pub. L. 99-514, 2, 100 Stat. 2095.)
Pub. L. 98-473, 235(a)(1), 238(g)(1), (i), and Pub. L. 98-596,
12(a)(7)(A), (9), (b), affected this section as follows: Section
238(g)(1) of Pub. L. 98-473 repealed this section effective pursuant to
section 235(a)(1) of Pub. L. 98-473 the first day of the first calendar
month beginning twenty-four months after Oct. 12, 1984. Section
12(a)(7)(A) of Pub. L. 98-596 reenacted section 3565 to read as it had
before repeal by Pub. L. 98-473, applicable pursuant to section 12(b)
of Pub. L. 98-596 on and after the date of enactment of Pub. L. 98-473
(Oct. 12, 1984). Section 238(i) of Pub. L. 98-473 which repealed
section 238 of Pub. L. 98-473 on the same date established by section
235(a)(1) of Pub. L. 98-473 was repealed by section 12(a)(9) of Pub.
L. 98-596. The cumulative effect of the amendments resulted in no change
in this section.
3566. Execution of death sentence
The manner of inflicting the punishment of death shall be that
prescribed by the laws of the place within which the sentence is
imposed. The United States marshal charged with the execution of the
sentence may use available local facilities and the services of an
appropriate local official or employ some other person for such purpose,
and pay the cost thereof in an amount approved by the Attorney General.
If the laws of the place within which sentence is imposed make no
provision for the infliction of the penalty of death, then the court
shall designate some other place in which such sentence shall be
executed in the manner prescribed by the laws thereof.
(June 25, 1948, ch. 645, 62 Stat. 837.)
3567. Death sentence may prescribe dissection
The court before which any person is convicted of murder in the first
degree, or rape, may, in its discretion, add to the judgment of death,
that the body of the offender be delivered to a surgeon for dissection;
and the marshal who executes such judgment shall deliver the body, after
execution, to such surgeon as the court may direct; and such surgeon,
or some person appointed by him, shall receive and take away the body at
the time of execution.
(June 25, 1948, ch. 645, 62 Stat. 838.)
3568. Effective date of sentence; credit for time in custody prior
to the imposition of sentence
The sentence of imprisonment of any person convicted of an offense
shall commence to run from the date on which such person is received at
the penitentiary, reformatory, or jail for service of such sentence.
The Attorney General shall give any such person credit toward service of
his sentence for any days spent in custody in connection with the
offense or acts for which sentence was imposed. As used in this
section, the term ''offense'' means any criminal offense, other than an
offense triable by court-martial, military commission, provost court, or
other military tribunal, which is in violation of an Act of Congress and
is triable in any court established by Act of Congress.
If any such person shall be committed to a jail or other place of
detention to await transportation to the place at which his sentence is
to be served, his sentence shall commence to run from the date on which
he is received at such jail or other place of detention.
No sentence shall prescribe any other method of computing the term.
(June 25, 1948, ch. 645, 62 Stat. 838; Sept. 2, 1960, Pub. L.
86-691, 1(a), 74 Stat. 738; June 22, 1966, Pub. L. 89-465, 4, 80
Stat. 217.)
3569. Discharge of indigent prisoner
When a poor convict, sentenced for violation of any law of the United
States by any court established by enactment of Congress, to be
imprisoned and pay a fine, or fine and costs, or to pay a fine, or fine
and costs, has been confined in prison, solely for the nonpayment of
such fine, or fine and costs, such convict may make application in
writing to the nearest United States magistrate in the district where he
is imprisoned setting forth his inability to pay such fine, or fine and
costs, and after notice to the district attorney of the United States,
who may appear, offer evidence, and be heard, the magistrate shall
proceed to hear and determine the matter.
If on examination it shall appear to him that such convict is unable
to pay such fine, or fine and costs, and that he has not any property
exceeding $20 in value, except such as is by law exempt from being taken
on execution for debt, the magistrate shall administer to him the
following oath: ''I do solemnly swear that I have not any property,
real or personal, exceeding $20, except such as is by law exempt from
being taken on civil process for debt; and that I have no property in
any way conveyed or concealed, or in any way disposed of, for my future
use or benefit. So help me God.'' Upon taking such oath such convict
shall be discharged; and the magistrate shall file with the institution
in which the convict is confined, a certificate setting forth the facts.
In case the convict is found by the magistrate to possess property
valued at an amount in excess of said exemption, nevertheless, if the
Attorney General finds that the retention by such convict of all of such
property is reasonably necessary for his support or that of his family,
such convict shall be released without further imprisonment solely for
the nonpayment of such fine, or fine and costs; or if he finds that the
retention by such convict of any part of such property is reasonably
necessary for his support or that of his family, such convict shall be
released without further imprisonment solely for nonpayment of such fine
or fine and costs upon payment on account of his fine and costs, of that
portion of his property in excess of the amount found to be reasonably
necessary for his support or that of his family.
(June 25, 1948, ch. 645, 62 Stat. 838; Oct. 17, 1968, Pub. L.
90-578, title III, 301(a)(1), (3), 82 Stat. 1115; Oct. 12, 1984, Pub.
L. 98-473, title II, 235(a)(1), 238(h), (i), 98 Stat. 2031, 2039;
Oct. 30, 1984, Pub. L. 98-596, 3, 12(a)(8), (9), (b), 98 Stat. 3136,
3139, 3140.)
Pub. L. 98-473, 235(a)(1), 238(h), (i), and Pub. L. 98-596,
12(a)(8), (9), (b), affected this section as follows: Section 238(h) of
Pub. L. 98-473 struck out subsec. (b) and the subsec. ''(a)''
designation effective pursuant to section 235(a)(1) of Pub. L. 98-473
the first day of the first calendar month beginning twenty-four months
after Oct. 12, 1984. Section 12(a)(8) of Pub. L. 98-596 amended this
section to read as it had before amendment by Pub. L. 98-473,
applicable pursuant to section 12(b) of Pub. L. 98-596 on and after the
date of enactment of Pub. L. 98-473 (Oct. 12, 1984). Section 238(i) of
Pub. L. 98-473 which repealed section 238 of Pub. L. 98-473 on the
same date established by section 235(a)(1) of Pub. L. 98-473 was
repealed by section 12(a)(9) of Pub. L. 98-596. The cumulative effect
of the amendments resulted in no change in this section.
3570. Presidential remission as affecting unremitted part
Whenever, by the judgment of any court or judicial officer of the
United States, in any criminal proceeding, any person is sentenced to
two kinds of punishment, the one pecuniary and the other corporal, the
President's remission in whole or in part of either kind shall not
impair the legal validity of the other kind, or of any portion of either
kind, not remitted.
(June 25, 1948, ch. 645, 62 Stat. 839.)
3571. Clerical mistakes -- (Rule)
Court empowered to correct clerical mistakes in judgments, orders, or
record, Rule 36.
(June 25, 1948, ch. 645, 62 Stat. 839.)
3572. Correction or reduction of sentence -- (Rule)
Court empowered to correct or reduce sentence; time; Rule 35.
(June 25, 1948, ch. 645, 62 Stat. 839.)
3573. Arrest or setting aside of judgment -- (Rule)
Arrest of judgment, grounds and motion, time, Rule 34.
Setting aside judgment and permitting withdrawal of plea of guilty,
Rule 32(d).
(June 25, 1948, ch. 645, 62 Stat. 839.)
3574. Stay of execution; supersedeas -- (Rule)
Death or imprisonment sentence, fines stayed on appeal; conditions
and power of court, Rule 38(a).
(June 25, 1948, ch. 645, 62 Stat. 839.)
3575. Increased sentence for dangerous special offenders
(a) Whenever an attorney charged with the prosecution of a defendant
in a court of the United States for an alleged felony committed when the
defendant was over the age of twenty-one years has reason to believe
that the defendant is a dangerous special offender such attorney, a
reasonable time before trial or acceptance by the court of a plea of
guilty or nolo contendere, may sign and file with the court, and may
amend, a notice (1) specifying that the defendant is a dangerous special
offender who upon conviction for such felony is subject to the
imposition of a sentence under subsection (b) of this section, and (2)
setting out with particularity the reasons why such attorney believes
the defendant to be a dangerous special offender. In no case shall the
fact that the defendant is alleged to be a dangerous special offender be
an issue upon the trial of such felony, be disclosed to the jury, or be
disclosed before any plea of guilty or nolo contendere or verdict or
finding of guilty to the presiding judge without the consent of the
parties. If the court finds that the filing of the notice as a public
record may prejudice fair consideration of a pending criminal matter, it
may order the notice sealed and the notice shall not be subject to
subpena or public inspection during the pendency of such criminal
matter, except on order of the court, but shall be subject to inspection
by the defendant alleged to be a dangerous special offender and his
counsel.
(b) Upon any plea of guilty or nolo contendere or verdict or finding
of guilty of the defendant of such felony, a hearing shall be held
before sentence is imposed, by the court sitting without a jury. The
court shall fix a time for the hearing, and notice thereof shall be
given to the defendant and the United States at least ten days prior
thereto. The court shall permit the United States and counsel for the
defendant, or the defendant if he is not represented by counsel, to
inspect the presentence report sufficiently prior to the hearing as to
afford a reasonable opportunity for verification. In extraordinary
cases, the court may withhold material not relevant to a proper
sentence, diagnostic opinion which might seriously disrupt a program of
rehabilitation, any source of information obtained on a promise of
confidentiality, and material previously disclosed in open court. A
court withholding all or part of a presentence report shall inform the
parties of its action and place in the record the reasons therefor. The
court may require parties inspecting all or part of a presentence report
to give notice of any part thereof intended to be controverted. In
connection with the hearing, the defendant and the United States shall
be entitled to assistance of counsel, compulsory process, and
cross-examination of such witnesses as appear at the hearing. A duly
authenticated copy of a former judgment or commitment shall be prima
facie evidence of such former judgment or commitment. If it appears by
a preponderance of the information, including information submitted
during the trial of such felony and the sentencing hearing and so much
of the presentence report as the court relies upon, that the defendant
is a dangerous special offender, the court shall sentence the defendant
to imprisonment for an appropriate term not to exceed twenty-five years
and not disproportionate in severity to the maximum term otherwise
authorized by law for such felony. Otherwise it shall sentence the
defendant in accordance with the law prescribing penalties for such
felony. The court shall place in the record its findings, including an
identification of the information relied upon in making such findings,
and its reasons for the sentence imposed.
(c) This section shall not prevent the imposition and execution of a
sentence of death or of imprisonment for life or for a term exceeding
twenty-five years upon any person convicted of an offense so punishable.
(d) Notwithstanding any other provision of this section, the court
shall not sentence a dangerous special offender to less than any
mandatory minimum penalty prescribed by law for such felony. This
section shall not be construed as creating any mandatory minimum
penalty.
(e) A defendant is a special offender for purposes of this section if
--
(1) the defendant has previously been convicted in courts of the
United States, a State, the District of Columbia, the Commonwealth of
Puerto Rico, a territory or possession of the United States, any
political subdivision, or any department, agency, or instrumentality
thereof for two or more offenses committed on occasions different from
one another and from such felony and punishable in such courts by death
or imprisonment in excess of one year, for one or more of such
convictions the defendant has been imprisoned prior to the commission of
such felony, and less than five years have elapsed between the
commission of such felony and either the defendant's release, on parole
or otherwise, from imprisonment for one such conviction or his
commission of the last such previous offense or another offense
punishable by death or imprisonment in excess of one year under
applicable laws of the United States, a State, the District of Columbia,
the Commonwealth of Puerto Rico, a territory or possession of the United
States, any political subdivision, or any department, agency or
instrumentality thereof; or
(2) the defendant committed such felony as part of a pattern of
conduct which was criminal under applicable laws of any jurisdiction,
which constituted a substantial source of his income, and in which he
manifested special skill or expertise; or
(3) such felony was, or the defendant committed such felony in
furtherance of, a conspiracy with three or more other persons to engage
in a pattern of conduct criminal under applicable laws of any
jurisdiction, and the defendant did, or agreed that he would, initiate,
organize, plan, finance, direct, manage, or supervise all or part of
such conspiracy or conduct, or give or receive a bribe or use force as
all or part of such conduct.
A conviction shown on direct or collateral review or at the hearing
to be invalid or for which the defendant has been pardoned on the ground
of innocence shall be disregarded for purposes of paragraph (1) of this
subsection. In support of findings under paragraph (2) of this
subsection, it may be shown that the defendant has had in his own name
or under his control income or property not explained as derived from a
source other than such conduct. For purposes of paragraph (2) of this
subsection, a substantial source of income means a source of income
which for any period of one year or more exceeds the minimum wage,
determined on the basis of a forty-hour week and a fifty-week year,
without reference to exceptions, under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (52 Stat. 1602, as amended 80 Stat. 838), and as
hereafter amended, for an employee engaged in commerce or in the
production of goods for commerce, and which for the same period exceeds
fifty percent of the defendant's declared adjusted gross income under
section 62 of the Internal Revenue Act of 1954 (68A Stat. 17, as
amended 83 Stat. 655), and as hereafter amended. For purposes of
paragraph (2) of this subsection, special skill or expertise in criminal
conduct includes unusual knowledge, judgment or ability, including
manual dexterity, facilitating the initiation, organizing, planning,
financing, direction, management, supervision, execution or concealment
of criminal conduct, the enlistment of accomplices in such conduct, the
escape from detection or apprehension for such conduct, or the
disposition of the fruits or proceeds of such conduct. For purposes of
paragraphs (2) and (3) of this subsection, criminal conduct forms a
pattern if it embraces criminal acts that have the same or similar
purposes, results, participants, victims, or methods of commission, or
otherwise are interrelated by distinguishing characteristics and are not
isolated events.
(f) A defendant is dangerous for purposes of this section if a period
of confinement longer than that provided for such felony is required for
the protection of the public from further criminal conduct by the
defendant.
(g) The time for taking an appeal from a conviction for which
sentence is imposed after proceedings under this section shall be
measured from imposition of the original sentence.
(Added Pub. L. 91-452, title X, 1001(a), Oct. 15, 1970, 84 Stat.
948.)
3576. Review of sentence
With respect to the imposition, correction, or reduction of a
sentence after proceedings under section 3575 of this chapter, a review
of the sentence on the record of the sentencing court may be taken by
the defendant or the United States to a court of appeals. Any review of
the sentence taken by the United States shall be taken at least five
days before expiration of the time for taking a review of the sentence
or appeal of the conviction by the defendant and shall be diligently
prosecuted. The sentencing court may, with or without motion and
notice, extend the time for taking a review of the sentence for a period
not to exceed thirty days from the expiration of the time otherwise
prescribed by law. The court shall not extend the time for taking a
review of the sentence by the United States after the time has expired.
A court extending the time for taking a review of the sentence by the
United States shall extend the time for taking a review of the sentence
or appeal of the conviction by the defendant for the same period. The
taking of a review of the sentence by the United States shall be deemed
the taking of a review of the sentence and an appeal of the conviction
by the defendant. Review of the sentence shall include review of
whether the procedure employed was lawful, the findings made were
clearly erroneous, or the sentencing court's discretion was abused. The
court of appeals on review of the sentence may, after considering the
record, including the entire presentence report, information submitted
during the trial of such felony and the sentencing hearing, and the
findings and reasons of the sentencing court, affirm the sentence,
impose or direct the imposition of any sentence which the sentencing
court could originally have imposed, or remand for further sentencing
proceedings and imposition of sentence, except that a sentence may be
made more severe only on review of the sentence taken by the United
States and after hearing. Failure of the United States to take a review
of the imposition of the sentence shall, upon review taken by the United
States of the correction or reduction of the sentence, foreclose
imposition of a sentence more severe than that previously imposed. Any
withdrawal or dismissal of review of the sentence taken by the United
States shall foreclose imposition of a sentence more severe than that
reviewed but shall not otherwise foreclose the review of the sentence or
the appeal of the conviction. The court of appeals shall state in
writing the reasons for its disposition of the review of the sentence.
Any review of the sentence taken by the United States may be dismissed
on a showing of abuse of the right of the United States to take such
review.
(Added Pub. L. 91-452, title X, 1001(a), Oct. 15, 1970, 84 Stat.
950.)
3577. Use of information for sentencing
No limitation shall be placed on the information concerning the
background, character, and conduct of a person convicted of an offense
which a court of the United States may receive and consider for the
purpose of imposing an appropriate sentence.
(Added Pub. L. 91-452, title X, 1001(a), Oct. 15, 1970, 84 Stat.
951.)
3578. Conviction records
(a) The Attorney General of the United States is authorized to
establish in the Department of Justice a repository for records of
convictions and determinations of the validity of such convictions.
(b) Upon the conviction thereafter of a defendant in a court of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, a territory or possession of the United States, any political
subdivision, or any department, agency, or instrumentality thereof for
an offense punishable in such court by death or imprisonment in excess
of one year, or a judicial determination of the validity of such
conviction on collateral review, the court shall cause a certified
record of the conviction or determination to be made to the repository
in such form and containing such information as the Attorney General of
the United States shall by regulation prescribe.
(c) Records maintained in the repository shall not be public records.
Certified copies thereof --
(1) may be furnished for law enforcement purposes on request of a
court or law enforcement or corrections officer of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, a territory
or possession of the United States, any political subdivision, or any
department, agency, or instrumentality thereof;
(2) may be furnished for law enforcement purposes on request of a
court or law enforcement or corrections officer of a State, any
political subdivision, or any department, agency, or instrumentality
thereof, if a statute of such State requires that, upon the conviction
of a defendant in a court of the State or any political subdivision
thereof for an offense punishable in such court by death or imprisonment
in excess of one year, or a judicial determination of the validity of
such conviction on collateral review, the court cause a certified record
of the conviction or determination to be made to the repository in such
form and containing such information as the Attorney General of the
United States shall by regulation prescribe; and
(3) shall be prima facie evidence in any court of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, a territory
or possession of the United States, any political subdivision, or any
department, agency, or instrumentality thereof, that the convictions
occurred and whether they have been judicially determined to be invalid
on collateral review.
(d) The Attorney General of the United States shall give reasonable
public notice, and afford to interested parties opportunity for hearing,
prior to prescribing regulations under this section.
(Added Pub. L. 91-452, title X, 1001(a), Oct. 15, 1970, 84 Stat.
951.)
3579. Order of restitution
(a)(1) The court, when sentencing a defendant convicted of an offense
under this title or under subsection (h), (i), (j), or (n) of section
902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in
addition to or in lieu of any other penalty authorized by law, that the
defendant make restitution to any victim of such offense.
(2) If the court does not order restitution, or orders only partial
restitution, under this section, the court shall state on the record the
reasons therefor.
(b) The order may require that such defendant --
(1) in the case of an offense resulting in damage to or loss or
destruction of property of a victim of the offense --
(A) return the property to the owner of the property or someone
designated by the owner; or
(B) if return of the property under subparagraph (A) is impossible,
impractical, or inadequate, pay an amount equal to the greater of --
(i) the value of the property on the date of the damage, loss, or
destruction, or
(ii) the value of the property on the date of sentencing,
less the value (as of the date the property is returned) of any part
of the property that is returned;
(2) in the case of an offense resulting in bodily injury to a victim
--
(A) pay an amount equal to the cost of necessary medical and related
professional services and devices relating to physical, psychiatric, and
psychological care, including nonmedical care and treatment rendered in
accordance with a method of healing recognized by the law of the place
of treatment;
(B) pay an amount equal to the cost of necessary physical and
occupational therapy and rehabilitation; and
(C) reimburse the victim for income lost by such victim as a result
of such offense;
(3) in the case of an offense resulting in bodily injury also results
in the death of a victim, pay an amount equal to the cost of necessary
funeral and related services; and
(4) in any case, if the victim (or if the victim is deceased, the
victim's estate) consents, make restitution in services in lieu of
money, or make restitution to a person or organization designated by the
victim or the estate.
(c) If the court decides to order restitution under this section, the
court shall, if the victim is deceased, order that the restitution be
made to the victim's estate.
(d) To the extent that the court determines that the complication and
prolongation of the sentencing process resulting from the fashioning of
an order of restitution under this section outweighs the need to provide
restitution to any victims, the court may decline to make such an order.
(e)(1) The court shall not impose restitution with respect to a loss
for which the victim has received or is to receive compensation, except
that the court may, in the interest of justice, order restitution to any
person who has compensated the victim for such loss to the extent that
such person paid the compensation. An order of restitution shall
require that all restitution to victims under such order be made before
any restitution to any other person under such order is made.
(2) Any amount paid to a victim under an order of restitution shall
be set off against any amount later recovered as compensatory damages by
such victim in --
(A) any Federal civil proceeding; and
(B) any State civil proceeding, to the extent provided by the law of
that State.
(f)(1) The court may require that such defendant make restitution
under this section within a specified period or in specified
installments.
(2) The end of such period or the last such installment shall not be
later than --
(A) the end of the period of probation, if probation is ordered;
(B) five years after the end of the term of imprisonment imposed, if
the court does not order probation; and
(C) five years after the date of sentencing in any other case.
(3) If not otherwise provided by the court under this subsection,
restitution shall be made immediately.
(4) The order of restitution shall require the defendant to make
restitution directly to the victim or other person eligible under this
section, or to deliver the amount or property due as restitution to the
Attorney General for transfer to such victim or person.
(g) If such defendant is placed on probation or paroled under this
title, any restitution ordered under this section shall be a condition
of such probation or parole. The court may revoke probation and the
Parole Commission may revoke parole if the defendant fails to comply
with such order. In determining whether to revoke probation or parole,
the court or Parole Commission shall consider the defendant's employment
status, earning ability, financial resources, the willfulness of the
defendant's failure to pay, and any other special circumstances that may
have a bearing on the defendant's ability to pay.
(h) An order of restitution may be enforced by the United States in
the manner provided for the collection of fines and penalties by section
3565 or by a victim named in the order to receive the restitution in the
same manner as a judgment in a civil action.
(Added Pub. L. 97-291, 5(a), Oct. 12, 1982, 96 Stat. 1253; amended
Pub. L. 98-596, 9, Oct. 30, 1984, 98 Stat. 3138; Pub. L. 99-646,
77(a), 78(a), 79(a), Nov. 10, 1986, 100 Stat. 3618, 3619.)
3580. Procedure for issuing order of restitution
(a) The court, in determining whether to order restitution under
section 3579 of this title and the amount of such restitution, shall
consider the amount of the loss sustained by any victim as a result of
the offense, the financial resources of the defendant, the financial
needs and earning ability of the defendant and the defendant's
dependents, and such other factors as the court deems appropriate.
(b) The court may order the probation service of the court to obtain
information pertaining to the factors set forth in subsection (a) of
this section. The probation service of the court shall include the
information collected in the report of presentence investigation or in a
separate report, as the court directs.
(c) The court shall disclose to both the defendant and the attorney
for the Government all portions of the presentence or other report
pertaining to the matters described in subsection (a) of this section.
(d) Any dispute as to the proper amount or type of restitution shall
be resolved by the court by the preponderance of the evidence. The
burden of demonstrating the amount of the loss sustained by a victim as
a result of the offense shall be on the attorney for the Government.
The burden of demonstrating the financial resources of the defendant and
the financial needs of the defendant and such defendant's dependents
shall be on the defendant. The burden of demonstrating such other
matters as the court deems appropriate shall be upon the party
designated by the court as justice requires.
(e) A conviction of a defendant for an offense involving the act
giving rise to restitution under this section shall estop the defendant
from denying the essential allegations of that offense in any subsequent
Federal civil proceeding or State civil proceeding, to the extent
consistent with State law, brought by the victim.
(Added Pub. L. 97-291, 5(a), Oct. 12, 1982, 96 Stat. 1255.)
18 USC (CHAPTER 228 -- REPEALED)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC ( 3591 to 3599. Repealed. Pub. L. 98-596, 12(a)(1), Oct. 30,
1984, 98 Stat. 3139)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
This chapter ( 3591 to 3599) was added by Pub. L. 98-473, title II,
238(a), Oct. 12, 1984, 98 Stat. 2034, effective pursuant to section
235(a)(1) of Pub. L. 98-473 the first day of the first calendar month
beginning twenty-four months after Oct. 12, 1984. Section 12(a)(1) of
Pub. L. 98-596 repealed this chapter applicable pursuant to section
12(b) of Pub. L. 98-596 on and after the date of enactment of Pub. L.
98-473 (Oct. 12, 1984). Section 238(i) of Pub. L. 98-473 which
repealed section 238 of Pub. L. 98-473 on the same date established by
section 235(a)(1) of Pub. L. 98-473 was repealed by section 12(a)(9) of
Pub. L. 98-596. See sections 3565 and 3621 to 3623 of this title.
Section 3591 provided for imposition of fines.
Section 3592 provided for payment, delinquency, and default of fines.
Section 3593 provided for modification or remission of fines.
Section 3594 required clerks to forward fine payments to the United
States Treasury and to notify the Attorney General of receipt and
sentencing courts to certify to the Attorney General the imposition of
and changes in fines.
Section 3595 provided for interest and monetary penalties for
delinquency and default of fines.
Section 3596 provided civil remedies for satisfaction of unpaid
fines.
Section 3597 authorized resentencing a person upon the failure to pay
a fine.
Section 3598 established a statute of limitations on the liability to
pay fines.
Section 3599 established penalties for the willful failure to pay
fines.
18 USC CHAPTER 229 -- POSTSENTENCE ADMINISTRATION /1/
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Subchapter Sec. /2/
A. Probation 3601
B. Fines 3611
C. Imprisonment 3621
Sec.
3601. Supervision of probation.
3602. Appointment of probation officers.
3603. Duties of probation officers.
3604. Transportation of a probationer.
3605. Transfer of jurisdiction over a probationer.
3606. Arrest and return of a probationer.
3607. Special probation and expungement procedures for drug
possessors.
1990 -- Pub. L. 101-647, title XXXV, 3590, Nov. 29, 1990, 104
Stat. 4930, substituted ''possessors'' for ''possessor'' in item 3607.
/1/ A prior chapter 229 ''FINES, PENALTIES AND FORFEITURES'' ( 3611
to 3624) was repealed, effective Nov. 1, 1987. For applicability to
offenses committed before such date, see chapter 229, set out as a note
following this chapter.
/2/ Editorially supplied.
18 USC SUBCHAPTER A -- PROBATION
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 3601. Supervision of probation
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A person who has been sentenced to probation pursuant to the
provisions of subchapter B of chapter 227, or placed on probation
pursuant to the provisions of chapter 403, or placed on supervised
release pursuant to the provisions of section 3583, shall, during the
term imposed, be supervised by a probation officer to the degree
warranted by the conditions specified by the sentencing court.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2001.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3602. Appointment of probation officers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Appointment. -- A district court of the United States shall
appoint qualified persons to serve, with or without compensation, as
probation officers within the jurisdiction and under the direction of
the court making the appointment. The court may, for cause, remove a
probation officer appointed to serve with compensation, and may, in its
discretion, remove a probation officer appointed to serve without
compensation.
(b) Record of Appointment. -- The order of appointment shall be
entered on the records of the court, a copy of the order shall be
delivered to the officer appointed, and a copy shall be sent to the
Director of the Administrative Office of the United States Courts.
(c) Chief Probation Officer. -- If the court appoints more than one
probation officer, one may be designated by the court as chief probation
officer and shall direct the work of all probation officers serving in
the judicial district.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2001.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3603. Duties of probation officers
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A probation officer shall --
(1) instruct a probationer or a person on supervised release, who is
under his supervision, as to the conditions specified by the sentencing
court, and provide him with a written statement clearly setting forth
all such conditions;
(2) keep informed, to the degree required by the conditions specified
by the sentencing court, as to the conduct and condition of a
probationer or a person on supervised release, who is under his
supervision, and report his conduct and condition to the sentencing
court;
(3) use all suitable methods, not inconsistent with the conditions
specified by the court, to aid a probationer or a person on supervised
release who is under his supervision, and to bring about improvements in
his conduct and condition;
(4) be responsible for the supervision of any probationer or a person
on supervised release who is known to be within the judicial district;
(5) keep a record of his work, and make such reports to the Director
of the Administrative Office of the United States Courts as the Director
may require;
(6) upon request of the Attorney General or his designee, assist in
the supervision of and furnish information about, a person within the
custody of the Attorney General while on work release, furlough, or
other authorized release from his regular place of confinement, or while
in prerelease custody pursuant to the provisions of section 3624(c);
(7) keep informed concerning the conduct, condition, and compliance
with any condition of probation, including the payment of a fine or
restitution of each probationer under his supervision and report thereon
to the court placing such person on probation and report to the court
any failure of a probationer under his supervision to pay a fine in
default within thirty days after notification that it is in default so
that the court may determine whether probation should be revoked;
(8)(A) when directed by the court, and to the degree required by the
regimen of care or treatment ordered by the court as a condition of
release, keep informed as to the conduct and provide supervision of a
person conditionally released under the provisions of section 4243 or
4246 of this title, and report such person's conduct and condition to
the court ordering release and to the Attorney General or his designee;
and
(B) immediately report any violation of the conditions of release to
the court and the Attorney General or his designee; and
(9) perform any other duty that the court may designate.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2002; amended Pub. L. 99-646, 15(a), Nov. 10, 1986, 100 Stat. 3595;
Pub. L. 102-572, title VII, 701(a), Oct. 29, 1992, 106 Stat. 4514.)
1992 -- Pars. (8), (9). Pub. L. 102-572 added par. (8) and
redesignated former par. (8) as (9).
1986 -- Pub. L. 99-646 redesignated pars. (a) to (h) as (1) to (8),
respectively, and in par. (6) substituted ''assist in the supervision
of'' for ''supervise'' and inserted a comma after ''about''.
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101 of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
Section 15(b) of Pub. L. 99-646 provided that: ''The amendments
made by this section (amending this section) shall take effect on the
date of the taking effect of section 3603 of title 18, United States
Code (Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3604. Transportation of a probationer
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A court, after imposing a sentence of probation, may direct a United
States marshal to furnish the probationer with --
(a) transportation to the place to which he is required to proceed as
a condition of his probation; and
(b) money, not to exceed such amount as the Attorney General may
prescribe, for subsistence expenses while traveling to his destination.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2002.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3605. Transfer of jurisdiction over a probationer
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A court, after imposing a sentence, may transfer jurisdiction over a
probationer or person on supervised release to the district court for
any other district to which the person is required to proceed as a
condition of his probation or release, or is permitted to proceed, with
the concurrence of such court. A later transfer of jurisdiction may be
made in the same manner. A court to which jurisdiction is transferred
under this section is authorized to exercise all powers over the
probationer or releasee that are permitted by this subchapter or
subchapter B or D of chapter 227.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2003.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3606. Arrest and return of a probationer
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
If there is probable cause to believe that a probationer or a person
on supervised release has violated a condition of his probation or
release, he may be arrested, and, upon arrest, shall be taken without
unnecessary delay before the court having jurisdiction over him. A
probation officer may make such an arrest wherever the probationer or
releasee is found, and may make the arrest without a warrant. The court
having supervision of the probationer or releasee, or, if there is no
such court, the court last having supervision of the probationer or
releasee, may issue a warrant for the arrest of a probationer or
releasee for violation of a condition of release, and a probation
officer or United States marshal may execute the warrant in the district
in which the warrant was issued or in any district in which the
probationer or releasee is found.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2003.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3607. Special probation and expungement procedures for drug
possessors
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Pre-judgment Probation. -- If a person found guilty of an offense
described in section 404 of the Controlled Substances Act (21 U.S.C.
844) --
(1) has not, prior to the commission of such offense, been convicted
of violating a Federal or State law relating to controlled substances;
and
(2) has not previously been the subject of a disposition under this
subsection;
the court may, with the consent of such person, place him on
probation for a term of not more than one year without entering a
judgment of conviction. At any time before the expiration of the term
of probation, if the person has not violated a condition of his
probation, the court may, without entering a judgment of conviction,
dismiss the proceedings against the person and discharge him from
probation. At the expiration of the term of probation, if the person
has not violated a condition of his probation, the court shall, without
entering a judgment of conviction, dismiss the proceedings against the
person and discharge him from probation. If the person violates a
condition of his probation, the court shall proceed in accordance with
the provisions of section 3565.
(b) Record of Disposition. -- A nonpublic record of a disposition
under subsection (a), or a conviction that is the subject of an
expungement order under subsection (c), shall be retained by the
Department of Justice solely for the purpose of use by the courts in
determining in any subsequent proceeding whether a person qualifies for
the disposition provided in subsection (a) or the expungement provided
in subsection (c). A disposition under subsection (a), or a conviction
that is the subject of an expungement order under subsection (c), shall
not be considered a conviction for the purpose of a disqualification or
a disability imposed by law upon conviction of a crime, or for any other
purpose.
(c) Expungement of Record of Disposition. -- If the case against a
person found guilty of an offense under section 404 of the Controlled
Substances Act (21 U.S.C. 844) is the subject of a disposition under
subsection (a), and the person was less than twenty-one years old at the
time of the offense, the court shall enter an expungement order upon the
application of such person. The expungement order shall direct that
there be expunged from all official records, except the nonpublic
records referred to in subsection (b), all references to his arrest for
the offense, the institution of criminal proceedings against him, and
the results thereof. The effect of the order shall be to restore such
person, in the contemplation of the law, to the status he occupied
before such arrest or institution of criminal proceedings. A person
concerning whom such an order has been entered shall not be held
thereafter under any provision of law to be guilty of perjury, false
swearing, or making a false statement by reason of his failure to recite
or acknowledge such arrests or institution of criminal proceedings, or
the results thereof, in response to an inquiry made of him for any
purpose.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2003.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Sec.
3611. Payment of a fine.
3612. Collection of an unpaid fine.
3613. Civil remedies for satisfaction of an unpaid fine.
3614. Resentencing upon failure to pay a fine.
3615. Criminal default.
18 USC SUBCHAPTER B -- FINES
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 3611. Payment of a fine
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
A person who is sentenced to pay a fine or assessment shall pay the
fine or assessment (including any interest or penalty), as specified by
the Director of the Administrative Office of the United States Courts.
Such Director may specify that such payment be made to the clerk of the
court or in the manner provided for under section 604(a)(18) of title
28, United States Code.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2004; amended Pub. L. 100-185, 10(a), Dec. 11, 1987, 101 Stat. 1283;
Pub. L. 101-647, title XXXV, 3591, Nov. 29, 1990, 104 Stat. 4931.)
A prior section 3611, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter. Prior section 3611 was renumbered section 3665 of chapter 232
of this title, effective Nov. 1, 1987, and applicable to offenses
committed after the taking effect of such renumbering.
1990 -- Pub. L. 101-647 substituted ''604(a)(18)'' for
''604(a)(17)''.
1987 -- Pub. L. 100-185 amended section generally. Prior to
amendment, section read as follows: ''A person who has been sentenced
to pay a fine pursuant to the provisions of subchapter C of chapter 227
shall pay the fine immediately, or by the time and method specified by
the sentencing court, to the clerk of the court. The clerk shall
forward the payment to the United States Treasury.''
Section 10(b) of Pub. L. 100-185 provided that: ''The amendment
made by this section (amending this section) shall apply with respect to
any fine imposed after October 31, 1988. Such amendment shall also
apply with respect to any fine imposed on or before October 31, 1988, if
the fine remains uncollected as of February 1, 1989, unless the Director
of the Administrative Office of the United States Courts determines
further delay is necessary. If the Director so determines, the
amendment made by this section shall apply with respect to any such fine
imposed on or before October 31, 1988, if the fine remains uncollected
as of May 1, 1989.''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Section 9 of Pub. L. 100-185 provided that:
''(a) November 1, 1987, to April 30, 1988. -- Notwithstanding section
3611 of title 18, United States Code, a person who, during the period
beginning on November 1, 1987, and ending on April 30, 1988, is
sentenced to pay a fine or assessment shall pay the fine or assessment
(including any interest or penalty) to the clerk of the court, with
respect to an offense committed on or before December 31, 1984, and to
the Attorney General, with respect to an offense committed after
December 31, 1984.
''(b) May 1, 1988, to October 31, 1988. -- (1) Notwithstanding
section 3611 of title 18, United States Code, a person who during the
period beginning on May 1, 1988, and ending on October 31, 1988, is
sentenced to pay a fine or assessment shall pay the fine or assessment
in accordance with this subsection.
''(2) In a case initiated by citation or violation notice, such
person shall pay the fine or assessment (including any interest or
penalty), as specified by the Director of the Administrative Office of
the United States Courts. Such Director may specify that such payment
be made to the clerk of the court or in the manner provided for under
section 604(a)(17) of title 28, United States Code.
''(3) In any other case, such person shall pay the fine or assessment
(including any interest or penalty) to the clerk of the court, with
respect to an offense committed on or before December 31, 1984, and to
the Attorney General, with respect to an offense committed after
December 31, 1984.''
18 USC 3612. Collection of an unpaid fine
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Notification of Receipt and Related Matters. -- The clerk or the
person designated under section 604(a)(18) of title 28 shall notify the
Attorney General of each receipt of a payment with respect to which a
certification is made under subsection (b), together with other
appropriate information relating to such payment. The notification
shall be provided --
(1) in such manner as may be agreed upon by the Attorney General and
the Director of the Administrative Office of the United States Courts;
and
(2) within 15 days after the receipt or at such other time as may be
determined jointly by the Attorney General and the Director of the
Administrative Office of the United States Courts.
If the fifteenth day under paragraph (2) is a Saturday, Sunday, or
legal public holiday, the clerk, or the person designated under section
604(a)(18) of title 28, shall provide notification not later than the
next day that is not a Saturday, Sunday, or legal public holiday.
(b) Information to be Included in Judgment; Judgment to be
Transmitted to Attorney General. -- (1) A judgment or order imposing,
modifying, or remitting a fine of more than $100 shall include --
(A) the name, social security account number, mailing address, and
residence address of the defendant;
(B) the docket number of the case;
(C) the original amount of the fine and the amount that is due and
unpaid;
(D) the schedule of payments (if other than immediate payment is
permitted under section 3572(d));
(E) a description of any modification or remission; and
(F) if other than immediate payment is permitted, a requirement that,
until the fine is paid in full, the defendant notify the Attorney
General of any change in the mailing address or residence address of the
defendant not later than thirty days after the change occurs.
(2) Not later than ten days after entry of the judgment or order, the
court shall transmit a certified copy of the judgment or order to the
Attorney General.
(c) Responsibility for Collection. -- The Attorney General shall be
responsible for collection of an unpaid fine concerning which a
certification has been issued as provided in subsection (b). An order
of restitution, pursuant to section 3556, does not create any right of
action against the United States by the person to whom restitution is
ordered to be paid.
(d) Notification of Delinquency. -- Within ten working days after a
fine is determined to be delinquent as provided in section 3572(h), the
Attorney General shall notify the person whose fine is delinquent to
inform him that the fine is delinquent.
(e) Notification of Default. -- Within ten working days after a fine
is determined to be in default as provided in section 3572(i), the
Attorney General shall notify the person defaulting to inform him that
the fine is in default and the entire unpaid balance, including interest
and penalties, is due within thirty days.
(f) Interest on Fines. --
(1) In general. -- The defendant shall pay interest on any fine of
more than $2,500, unless the fine is paid in full before the fifteenth
day after the date of the judgment. If that day is a Saturday, Sunday,
or legal public holiday, the defendant shall be liable for interest
beginning with the next day that is not a Saturday, Sunday, or legal
public holiday.
(2) Computation. -- Interest on a fine shall be computed --
(A) daily (from the first day on which the defendant is liable for
interest under paragraph (1)); and
(B) at a rate equal to the coupon issue yield equivalent (as
determined by the Secretary of the Treasury) of the average accepted
auction price for the last auction of fifty-two week United States
Treasury bills settled before the first day on which the defendant is
liable for interest under paragraph (1).
(3) Modification of interest by court. -- If the court determines
that the defendant does not have the ability to pay interest under this
subsection, the court may --
(A) waive the requirement for interest;
(B) limit the total of interest payable to a specific dollar amount;
or
(C) limit the length of the period during which interest accrues.
(g) Penalty for Delinquent Fine. -- If a fine becomes delinquent, the
defendant shall pay, as a penalty, an amount equal to 10 percent of the
principal amount that is delinquent. If a fine becomes in default, the
defendant shall pay, as a penalty, an additional amount equal to 15
percent of the principal amount that is in default.
(h) Waiver of Interest or Penalty by Attorney General. -- The
Attorney General may waive all or part of any interest or penalty under
this section or any interest or penalty relating to a fine imposed under
any prior law if, as determined by the Attorney General, reasonable
efforts to collect the interest or penalty are not likely to be
effective.
(i) Application of Payments. -- Payments relating to fines shall be
applied in the following order: (1) to principal; (2) to costs; (3)
to interest; and (4) to penalties.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2004; amended Pub. L. 100-185, 11, Dec. 11, 1987, 101 Stat. 1283;
Pub. L. 100-690, title VII, 7082(c), (d), Nov. 18, 1988, 102 Stat.
4408; Pub. L. 101-647, title XXXV, 3592, Nov. 29, 1990, 104 Stat.
4931.)
A prior section 3612, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter. Prior section 3612 was renumbered section 3666 of chapter 232
of this title, effective Nov. 1, 1987, and applicable to offenses
committed after the taking effect of such renumbering.
1990 -- Subsec. (a). Pub. L. 101-647 substituted ''604(a)(18)'' for
''604(a)(17)'' wherever appearing.
1988 -- Subsec. (d). Pub. L. 100-690, 7082(d), struck out '', by
certified mail,'' after ''fine is delinquent''.
Subsec. (e). Pub. L. 100-690, 7082(d), struck out '', by certified
mail,'' after ''the person defaulting''.
Subsec. (h). Pub. L. 100-690, 7082(c), inserted ''or any interest or
penalty relating to a fine imposed under any prior law'' after ''under
this section''.
1987 -- Subsec. (a). Pub. L. 100-185, 11(a), substituted
''Notification of receipt and related matters'' for ''Disposition of
payment'' in heading and amended text generally. Prior to amendment,
text read as follows: ''The clerk shall forward each fine payment to
the United States Treasury and shall notify the Attorney General of its
receipt within ten working days.''
Subsec. (b). Pub. L. 100-185, 11(b), substituted ''Information to be
included in judgment; judgment to be transmitted to Attorney General''
for ''Certification of imposition'' in heading and amended text
generally. Prior to amendment, text read as follows: ''If a fine
exceeding $100 is imposed, modified, or remitted, the sentencing court
shall incorporate in the order imposing, remitting, or modifying such
fine, and promptly certify to the Attorney General --
''(1) the name of the person fined;
''(2) his current address;
''(3) the docket number of the case;
''(4) the amount of the fine imposed;
''(5) any installment schedule;
''(6) the nature of any modification or remission of the fine or
installment schedule; and
''(7) the amount of the fine that is due and unpaid.''
Subsec. (d). Pub. L. 100-185, 11(c)(1), substituted ''section
3572(h)'' for ''section 3572(i)''.
Subsec. (e). Pub. L. 100-185, 11(c)(2), substituted ''section
3572(i)'' for ''section 3572(j)''.
Subsec. (f). Pub. L. 100-185, 11(d), amended subsec. (f) generally,
substituting provisions relating to interest on fines, computation of
interest, and modification of interest by court, for provisions relating
to interest and monetary penalties for delinquent fines.
Subsecs. (g) to (i). Pub. L. 100-185, 11(e), added subsecs. (g) to
(i).
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Section 237 of Pub. L. 98-473 provided that:
''(a)(1) Except as provided in paragraph (2), for each criminal fine
for which the unpaid balance exceeds $100 as of the effective date of
this Act (see section 235 of Pub. L. 98-473, as amended, set out as a
note under section 3551 of this title), the Attorney General shall,
within one hundred and twenty days, notify the person by certified mail
of his obligation, within thirty days after notification, to --
''(A) pay the fine in full;
''(B) specify, and demonstrate compliance with, an installment
schedule established by a court before enactment of the amendments made
by this Act (Oct. 12, 1984), specifying the dates on which designated
partial payments will be made; or
''(C) establish with the concurrence of the Attorney General, a new
installment schedule of a duration not exceeding two years, except in
special circumstances, and specifying the dates on which designated
partial payments will be made.
''(2) This subsection shall not apply in cases in which --
''(A) the Attorney General believes the likelihood of collection is
remote; or
''(B) criminal fines have been stayed pending appeal.
''(b) The Attorney General shall, within one hundred and eighty days
after the effective date of this Act, declare all fines for which this
obligation is unfulfilled to be in criminal default, subject to the
civil and criminal remedies established by amendments made by this Act
(see Short Title note set out under section 3551 of this title). No
interest or monetary penalties shall be charged on any fines subject to
this section.
''(c) Not later than one year following the effective date of this
Act, the Attorney General shall include in the annual crime report steps
taken to implement this Act and the progress achieved in criminal fine
collection, including collection data for each judicial district.''
18 USC 3613. Civil remedies for satisfaction of an unpaid fine
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Lien. -- A fine imposed pursuant to the provisions of subchapter
C of chapter 227 is a lien in favor of the United States upon all
property belonging to the person fined. The lien arises at the time of
the entry of the judgment and continues until the liability is
satisfied, remitted, or set aside, or until it becomes unenforceable
pursuant to the provisions of subsection (b). On application of the
person fined, the Attorney General shall --
(1) issue a certificate of release, as described in section 6325 of
the Internal Revenue Code, of any lien imposed pursuant to this section,
upon his acceptance of a bond described in section 6325(a)(2) of the
Internal Revenue Code; or
(2) issue a certificate of discharge, as described in section 6325 of
the Internal Revenue Code, of any part of the person's property subject
to a lien imposed pursuant to this section, upon his determination that
the fair market value of that part of such property remaining subject to
and available to satisfy the lien is at least three times the amount of
the fine.
(b) Expiration of Lien. -- A lien becomes unenforceable and liability
to pay a fine expires --
(1) twenty years after the entry of the judgment; or
(2) upon the death of the individual fined.
The period set forth in paragraph (1) may be extended, prior to its
expiration, by a written agreement between the person fined and the
Attorney General. The running of the period set forth in paragraph (1)
is suspended during any interval for which the running of the period of
limitations for collection of a tax would be suspended pursuant to
section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(1)(I) of the
Internal Revenue Code of 1986 (26 U.S.C. 6503(b), 6503(c), 6503(f),
6503(i), or 7508(a)(1)(I)), or section 513 of the Act of October 17,
1940, 54 Stat. 1190.
(c) Application of Other Lien Provisions. -- The provisions of
sections 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 through
6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 7506, 7701, and 7805
of the Internal Revenue Code of 1986 (26 U.S.C. 6323, 6331, 6332, 6334
through 6336, 6337(a), 6338 through 6343, 6901, 7402, 7403, 7424 through
7426, 7505(a), 7506, 7701, and 7805) and of section 513 of the Act of
October 17, 1940, 54 Stat. 1190, apply to a fine and to the lien
imposed by subsection (a) as if the liability of the person fined were
for an internal revenue tax assessment, except to the extent that the
application of such statutes is modified by regulations issued by the
Attorney General to accord with differences in the nature of the
liabilities. For the purposes of this subsection, references in the
preceding sections of the Internal Revenue Code of 1986 to ''the
Secretary'' shall be construed to mean ''the Attorney General,'' /1/
and references in those sections to ''tax'' shall be construed to
mean ''fine''.
(d) Effect of Notice of Lien. -- A notice of the lien imposed by
subsection (a) shall be considered a notice of lien for taxes payable to
the United States for the purposes of any State or local law providing
for the filing of a notice of a tax lien. The registration, recording,
docketing, or indexing, in accordance with 28 U.S.C. 1962, of the
judgment under which a fine is imposed shall be considered for all
purposes as the filing prescribed by section 6323(f)(1)(A) of the
Internal Revenue Code of 1986 (26 U.S.C. 6323(f)(1)(A)) and by
subsection (c).
(e) Alternative Enforcement. -- Notwithstanding any other provision
of this section, a judgment imposing a fine may be enforced by execution
against the property of the person fined in like manner as judgments in
civil cases, but in no event shall liability for payment of a fine
extend beyond the period specified in subsection (b).
(f) Discharge of Debts Inapplicable. -- No discharge of debts
pursuant to a bankruptcy proceeding shall render a lien under this
section unenforceable or discharge liability to pay a fine.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2005; amended Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
L. 101-647, title XXXV, 3593, Nov. 29, 1990, 104 Stat. 4931.)
The Internal Revenue Code of 1986, referred to in subsec. (a), is
classified generally to Title 26, Internal Revenue Code.
Section 513 of the Act of October 17, 1940, referred to in subsecs.
(b) and (c), is classified to section 573 of Title 50, Appendix, War and
National Defense.
A prior section 3613, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter.
1990 -- Subsec. (c). Pub. L. 101-647, which directed amendment of
''Section 3613(c)'' by striking the period before the closing quotation
marks and inserting a period after such marks, without identifying a
Code title or Act for section 3613, was executed by substituting
''construed to mean 'fine'.'' for ''construed to mean 'fine.''' in
subsec. (c) of this section to reflect the probable intent of Congress.
1986 -- Subsecs. (b) to (d). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'' wherever
appearing.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
/1/ So in original. The closing quotation marks probably should
precede the comma.
18 USC 3614. Resentencing upon failure to pay a fine
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Resentencing. -- Subject to the provisions of subsection (b), if
a defendant knowingly fails to pay a delinquent fine the court may
resentence the defendant to any sentence which might originally have
been imposed.
(b) Imprisonment. -- The defendant may be sentenced to a term of
imprisonment under subsection (a) only if the court determines that --
(1) the defendant willfully refused to pay the delinquent fine or had
failed to make sufficient bona fide efforts to pay the fine; or
(2) in light of the nature of the offense and the characteristics of
the person, alternatives to imprisonment are not adequate to serve the
purposes of punishment and deterrence.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2006.)
A prior section 3614, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3615. Criminal default
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Whoever, having been sentenced to pay a fine, willfully fails to pay
the fine, shall be fined not more than twice the amount of the unpaid
balance of the fine or $10,000, whichever is greater, imprisoned not
more than one year, or both.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2006.)
A prior section 3615, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter. Prior section 3615 was renumbered section 3667 of chapter 232
of this title, effective Nov. 1, 1987, and applicable to offenses
committed after the taking effect of such renumbering.
A prior section 3616 was repealed by Pub. L. 91-513, title III,
1101(b)(2)(A), Oct. 27, 1970, 84 Stat. 1292. Prior sections 3617 to
3620, applicable to offenses committed prior to Nov. 1, 1987, are
contained in chapter 229 set out as a note following this chapter.
Sections 3617 to 3620 were renumbered sections 3668 to 3671,
respectively, of chapter 232 of this title, effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of such
renumbering.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
Sec.
3621. Imprisonment of a convicted person.
3622. Temporary release of a prisoner.
3623. Transfer of a prisoner to State authority.
3624. Release of a prisoner.
3625. Inapplicability of the Administrative Procedure Act.
18 USC SUBCHAPTER C -- IMPRISONMENT
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC 3621. Imprisonment of a convicted person
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Commitment to Custody of Bureau of Prisons. -- A person who has
been sentenced to a term of imprisonment pursuant to the provisions of
subchapter D of chapter 227 shall be committed to the custody of the
Bureau of Prisons until the expiration of the term imposed, or until
earlier released for satisfactory behavior pursuant to the provisions of
section 3624.
(b) Place of Imprisonment. -- The Bureau of Prisons shall designate
the place of the prisoner's imprisonment. The Bureau may designate any
available penal or correctional facility that meets minimum standards of
health and habitability established by the Bureau, whether maintained by
the Federal Government or otherwise and whether within or without the
judicial district in which the person was convicted, that the Bureau
determines to be appropriate and suitable, considering --
(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence --
(A) concerning the purposes for which the sentence to imprisonment
was determined to be warranted; or
(B) recommending a type of penal or correctional facility as
appropriate; and
(5) any pertinent policy statement issued by the Sentencing
Commission pursuant to section 994(a)(2) of title 28.
The Bureau may at any time, having regard for the same matters,
direct the transfer of a prisoner from one penal or correctional
facility to another. The Bureau shall, to the extent practicable, make
available appropriate substance abuse treatment for each prisoner the
Bureau determines has a treatable condition of substance addiction or
abuse.
(c) Delivery of Order of Commitment. -- When a prisoner, pursuant to
a court order, is placed in the custody of a person in charge of a penal
or correctional facility, a copy of the order shall be delivered to such
person as evidence of this authority to hold the prisoner, and the
original order, with the return endorsed thereon, shall be returned to
the court that issued it.
(d) Delivery of Prisoner for Court Appearances. -- The United States
marshal shall, without charge, bring a prisoner into court or return him
to a prison facility on order of a court of the United States or on
written request of an attorney for the Government.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2007; amended Pub. L. 101-647, title XXIX, 2903, Nov. 29, 1990, 104
Stat. 4913.)
A prior section 3621, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter.
1990 -- Subsec. (b). Pub. L. 101-647 inserted at end ''The Bureau
shall, to the extent practicable, make available appropriate substance
abuse treatment for each prisoner the Bureau determines has a treatable
condition of substance addiction or abuse.''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3622. Temporary release of a prisoner
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Bureau of Prisons may release a prisoner from the place of his
imprisonment for a limited period if such release appears to be
consistent with the purpose for which the sentence was imposed and any
pertinent policy statement issued by the Sentencing Commission pursuant
to 28 U.S.C. 994(a)(2), if such release otherwise appears to be
consistent with the public interest and if there is reasonable cause to
believe that a prisoner will honor the trust to be imposed in him, by
authorizing him, under prescribed conditions, to --
(a) visit a designated place for a period not to exceed thirty days,
and then return to the same or another facility, for the purpose of --
(1) visiting a relative who is dying;
(2) attending a funeral of a relative;
(3) obtaining medical treatment not otherwise available;
(4) contacting a prospective employer;
(5) establishing or reestablishing family or community ties; or
(6) engaging in any other significant activity consistent with the
public interest;
(b) participate in a training or educational program in the community
while continuing in official detention at the prison facility; or
(c) work at paid employment in the community while continuing in
official detention at the penal or correctional facility if --
(1) the rates of pay and other conditions of employment will not be
less than those paid or provided for work of a similar nature in the
community; and
(2) the prisoner agrees to pay to the Bureau such costs incident to
official detention as the Bureau finds appropriate and reasonable under
all the circumstances, such costs to be collected by the Bureau and
deposited in the Treasury to the credit of the appropriation available
for such costs at the time such collections are made.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2007.)
A prior section 3622, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3623. Transfer of a prisoner to State authority
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The Director of the Bureau of Prisons shall order that a prisoner who
has been charged in an indictment or information with, or convicted of,
a State felony, be transferred to an official detention facility within
such State prior to his release from a Federal prison facility if --
(1) the transfer has been requested by the Governor or other
executive authority of the State;
(2) the State has presented to the Director a certified copy of the
indictment, information, or judgment of conviction; and
(3) the Director finds that the transfer would be in the public
interest.
If more than one request is presented with respect to a prisoner, the
Director shall determine which request should receive preference. The
expenses of such transfer shall be borne by the State requesting the
transfer.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2008.)
A prior section 3623, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter.
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3624. Release of a prisoner
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) Date of Release. -- A prisoner shall be released by the Bureau of
Prisons on the date of the expiration of his term of imprisonment, less
any time credited toward the service of his sentence as provided in
subsection (b). If the date for a prisoner's release falls on a
Saturday, a Sunday, or a legal holiday at the place of confinement, the
prisoner may be released by the Bureau on the last preceding weekday.
(b) Credit Toward Service of Sentence for Satisfactory Behavior. --
A prisoner who is serving a term of imprisonment of more than one year,
other than a term of imprisonment for the duration of his life, shall
receive credit toward the service of his sentence, beyond the time
served, of fifty-four days at the end of each year of his term of
imprisonment, beginning at the end of the first year of the term, unless
the Bureau of Prisons determines that, during that year, he has not
satisfactorily complied with such institutional disciplinary regulations
as have been approved by the Attorney General and issued to the
prisoner. If the Bureau determines that, during that year, the prisoner
has not satisfactorily complied with such institutional regulations, he
shall receive no such credit toward service of his sentence or shall
receive such lesser credit as the Bureau determines to be appropriate.
The Bureau's determination shall be made within fifteen days after the
end of each year of the sentence. Such credit toward service of
sentence vests at the time that it is received. Credit that has vested
may not later be withdrawn, and credit that has not been earned may not
later be granted. Credit for the last year or portion of a year of the
term of imprisonment shall be prorated and credited within the last six
weeks of the sentence.
(c) Pre-Release Custody. -- The Bureau of Prisons shall, to the
extent practicable, assure that a prisoner serving a term of
imprisonment spends a reasonable part, not to exceed six months, of the
last 10 per centum of the term to be served under conditions that will
afford the prisoner a reasonable opportunity to adjust to and prepare
for his re-entry into the community. The authority provided by this
subsection may be used to place a prisoner in home confinement. The
United States Probation System shall, to the extent practicable, offer
assistance to a prisoner during such pre-release custody.
(d) Allotment of Clothing, Funds, and Transportation. -- Upon the
release of a prisoner on the expiration of his term of imprisonment, the
Bureau of Prisons shall furnish him with --
(1) suitable clothing;
(2) an amount of money, not more than $500, determined by the
Director to be consistent with the needs of the offender and the public
interest, unless the Director determines that the financial position of
the offender is such that no sum should be furnished; and
(3) transportation to the place of his conviction, to his bona fide
residence within the United States, or to such other place within the
United States as may be authorized by the Director.
(e) Supervision After Release. -- A prisoner whose sentence includes
a term of supervised release after imprisonment shall be released by the
Bureau of Prisons to the supervision of a probation officer who shall,
during the term imposed, supervise the person released to the degree
warranted by the conditions specified by the sentencing court. The term
of supervised release commences on the day the person is released from
imprisonment and runs concurrently with any Federal, State, or local
term of probation or supervised release or parole for another offense to
which the person is subject or becomes subject during the term of
supervised release. A term of supervised release does not run during
any period in which the person is imprisoned in connection with a
conviction for a Federal, State, or local crime unless the imprisonment
is for a period of less than 30 consecutive days. No prisoner shall be
released on supervision unless such prisoner agrees to adhere to an
installment schedule, not to exceed two years except in special
circumstances, to pay for any fine imposed for the offense committed by
such prisoner.
(f) Mandatory Functional Literacy Requirement. --
(1) The Attorney General shall direct the Bureau of Prisons to have
in effect a mandatory functional literacy program for all mentally
capable inmates who are not functionally literate in each Federal
correctional institution within 6 months from the date of the enactment
of this Act.
(2) Each mandatory functional literacy program shall include a
requirement that each inmate participate in such program for a mandatory
period sufficient to provide the inmate with an adequate opportunity to
achieve functional literacy, and appropriate incentives which lead to
successful completion of such programs shall be developed and
implemented.
(3) As used in this section, the term ''functional literacy'' means
--
(A) an eighth grade equivalence in reading and mathematics on a
nationally recognized standardized test;
(B) functional competency or literacy on a nationally recognized
criterion-referenced test; or
(C) a combination of subparagraphs (A) and (B).
(4) Non-English speaking inmates shall be required to participate in
an English-As-A-Second-Language program until they function at the
equivalence of the eighth grade on a nationally recognized educational
achievement test.
(5) The Chief Executive Officer of each institution shall have
authority to grant waivers for good cause as determined and documented
on an individual basis.
(6) A report shall be provided to Congress on an annual basis
summarizing the results of this program, including the number of inmate
participants, the number successfully completing the program, the number
who do not successfully complete the program, and the reasons for
failure to successfully complete the program.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2008; amended Pub. L. 99-646, 16(a), 17(a), Nov. 10, 1986, 100 Stat.
3595; Pub. L. 101-647, title XXIX, 2902(a), 2904, Nov. 29, 1990, 104
Stat. 4913.)
The date of the enactment of this Act, referred to in subsec.
(f)(1), probably means the date of enactment of Pub. L. 101-647, which
enacted subsec. (f) and was approved Nov. 29, 1990.
A prior section 3624, applicable to offenses committed prior to Nov.
1, 1987, is contained in chapter 229 set out as a note following this
chapter.
1990 -- Subsec. (c). Pub. L. 101-647, 2902(a), inserted after first
sentence ''The authority provided by this subsection may be used to
place a prisoner in home confinement.''
Subsec. (f). Pub. L. 101-647, 2904, added subsec. (f).
1986 -- Subsec. (b). Pub. L. 99-646, 16(a), substituted ''beginning
at the end of'' for ''beginning after''.
Subsec. (e). Pub. L. 99-646, 17(a), substituted ''imprisonment and
runs concurrently'' for ''imprisonment. The term runs concurrently''
and ''supervised released. A term of supervised release does not run''
for ''supervised release, except that it does not run'', struck out '',
other than during limited intervals as a condition of probation or
supervised release,'' after ''person is imprisoned'', and inserted
''unless the imprisonment is for a period of less than 30 consecutive
days'' before the period at end of third sentence.
Section 2902(b) of Pub. L. 101-647 provided that: ''Section 3624(c)
of title 18, United States Code, as amended by this section, shall apply
with respect to all inmates, regardless of the date of their offense.''
Section 16(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the date of
the taking effect of such section 3624 (Nov. 1, 1987).''
Section 17(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the date of
the taking effect of such section 3624 (Nov. 1, 1987).''
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC 3625. Inapplicability of the Administrative Procedure Act
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
The provisions of sections 554 and 555 and 701 through 706 of title
5, United States Code, do not apply to the making of any determination,
decision, or order under this subchapter.
(Added Pub. L. 98-473, title II, 212(a)(2), Oct. 12, 1984, 98 Stat.
2010.)
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section 235(a)(1)
of Pub. L. 98-473, set out as a note under section 3551 of this title.
18 USC (CHAPTER 229 -- REPEALED) /1/
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
/1/ Another chapter 229 ''POSTSENTENCE ADMINISTRATION'' ( 3601 to
3625) became effective Nov. 1, 1987, and is set out preceding this
chapter.
18 USC ( 3611 to 3624. Repealed or Renumbered. Pub. L. 98-473, title
II, 212(a)(1), (2), Oct. 12, 1984, 98 Stat. 1987)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Nov. 1, 1987
Pub. L. 98-473, title II, 212(a)(1), (2), 235(a)(1), Oct. 12,
1984, 98 Stat. 1987, 2001, 2031, as amended, enacted a new chapter 229
( 3601 to 3625) and repealed this chapter 229 (except sections 3611,
3612, 3615, 3617 to 3620 which were renumbered as sections 3665 to 3671,
respectively), effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of such repeal. New chapter 229 is
set out preceding this chapter. Section 235 of Pub. L. 98-473, as
amended, relating to effective dates, is set out as an Effective Date
note under section 3551 of this title. Prior to repeal, the provisions
of this chapter read as follows:
3611. Firearms possessed by convicted felons
A judgment of conviction for transporting a stolen motor vehicle in
interstate or foreign commerce or for committing or attempting to commit
a felony in violation of any law of the United States involving the use
of threats, force, or violence or perpetrated in whole or in part by the
use of firearms, may, in addition to the penalty provided by law for
such offense, order the confiscation and disposal of firearms and
ammunition found in the possession or under the immediate control of the
defendant at the time of his arrest.
The court may direct the delivery of such firearms or ammunition to
the law-enforcement agency which apprehended such person, for its use or
for any other disposition in its discretion.
(June 25, 1948, ch. 645, 62 Stat. 839.)
3612. Bribe moneys
Moneys received or tendered in evidence in any United States Court,
or before any officer thereof, which have been paid to or received by
any official as a bribe, shall, after the final disposition of the case,
proceeding or investigation, be deposited in the registry of the court
to be disposed of in accordance with the order of the court, to be
subject, however, to the provisions of section 2042 of Title 28.
(June 25, 1948, ch. 645, 62 Stat. 840; May 24, 1949, ch. 139, 55,
63 Stat. 96.)
3613. Fines for setting grass and timber fires
In all cases arising under sections 1855 and 1856 of this title the
fines collected shall be paid into the public-school fund of the county
in which the lands where the offense was committed are situated.
(June 25, 1948, ch. 645, 62 Stat. 840.)
3614. Fine for seduction
When a person is convicted of a violation of section 2198 of this
title and fined, the court may direct that the amount of the fine, when
paid, be paid for the use of the female seduced, or her child, if she
have any.
(June 25, 1948, ch. 645, 62 Stat. 840.)
3615. Liquors and related property; definitions
All liquor involved in any violation of sections 1261-1265 of this
title, the containers of such liquor, and every vehicle or vessel used
in the transportation thereof, shall be seized and forfeited and such
property or its proceeds disposed of in accordance with the laws
relating to seizures, forfeitures, and dispositions of property or
proceeds, for violation of the internal-revenue laws.
As used in this section, ''vessel'' includes every description of
watercraft used, or capable of being used, as a means of transportation
in water or in water and air; ''vehicle'' includes animals and every
description of carriage or other contrivance used, or capable of being
used, as a means of transportation on land or through the air.
(June 25, 1948, ch. 645, 62 Stat. 840.)
( 3616. Repealed. Pub. L. 91-513, title III, 1101(b)(2)(A), Oct.
27, 1970, 84 Stat. 1292)
Section, act June 25, 1948, ch. 645, 62 Stat. 840, authorized use
of confiscated vehicles by narcotics agents and payment of costs of
acquisition, maintenance, repair, and operation thereof.
Repeal by Pub. L. 91-513 effective on first day of seventh calendar
month that begins after Oct. 26, 1970, see section 1105(a) of Pub. L.
91-513, set out as an Effective Date note under section 951 of Title 21,
Food and Drugs.
Prosecutions for any violation of law occurring, and civil seizures
or forfeitures and injunctive proceedings commenced, prior to the
effective date of repeal of this section by section 1101 of Pub. L.
91-513 not to be affected or abated by reason thereof, see section 1103
of Pub. L. 91-513, set out as a Savings Provision note under section
171 of Title 21, Food and Drugs.
3617. Remission or mitigation of forfeitures under liquor laws;
possession pending trial
(a) Jurisdiction of court
Whenever, in any proceeding in court for the forfeiture, under the
internal-revenue laws, of any vehicle or aircraft seized for a violation
of the internal-revenue laws relating to liquors, such forfeiture is
decreed, the court shall have exclusive jurisdiction to remit or
mitigate the forfeiture.
(b) Conditions precedent to remission or mitigation
In any such proceeding the court shall not allow the claim of any
claimant for remission or mitigation unless and until he proves (1) that
he has an interest in such vehicle or aircraft, as owner or otherwise,
which he acquired in good faith, (2) that he had at no time any
knowledge or reason to believe that it was being or would be used in the
violation of laws of the United States or of any State relating to
liquor, and (3) if it appears that the interest asserted by the claimant
arises out of or is in any way subject to any contract or agreement
under which any person having a record or reputation for violating laws
of the United States or of any State relating to liquor has a right with
respect to such vehicle or aircraft, that, before such claimant acquired
his interest, or such other person acquired his right under such
contract or agreement, whichever occurred later, the claimant, his
officer or agent, was informed in answer to his inquiry, at the
headquarters of the sheriff, chief of police, principal Federal
internal-revenue officer engaged in the enforcement of the liquor laws,
or other principal local or Federal law-enforcement officer of the
locality in which such other person acquired his right under such
contract or agreement, of the locality in which such other person then
resided, and of each locality in which the claimant has made any other
inquiry as to the character or financial standing of such other person,
that such other person had no such record or reputation.
(c) Claimants first entitled to delivery
Upon the request of any claimant whose claim for remission or
mitigation is allowed and whose interest is first in the order of
priority among such claims allowed in such proceeding and is of an
amount in excess of, or equal to, the appraised value of such vehicle or
aircraft, the court shall order its return to him; and, upon the joint
request of any two or more claimants whose claims are allowed and whose
interests are not subject to any prior or intervening interests claimed
and allowed in such proceedings, and are of a total amount in excess of,
or equal to, the appraised value of such vehicle or aircraft, the court
shall order its return to such of the joint requesting claimants as is
designated in such request. Such return shall be made only upon payment
of all expenses incident to the seizure and forfeiture incurred by the
United States. In all other cases the court shall order disposition of
such vehicle or aircraft as provided in sections 304f-304m of Title 40,
and if such disposition be by public sale, payment from the proceeds
thereof, after satisfaction of all such expenses, of any such claim in
its order of priority among the claims allowed in such proceedings.
(d) Delivery on bond pending trial
In any proceeding in court for the forfeiture under the
internal-revenue laws of any vehicle or aircraft seized for a violation
of the internal-revenue laws relating to liquor, the court shall order
delivery thereof to any claimant who shall establish his right to the
immediate possession thereof, and shall execute, with one or more
sureties approved by the court, and deliver to the court, a bond to the
United States for the payment of a sum equal to the appraised value of
such vehicle or aircraft. Such bond shall be conditioned to return such
vehicle or aircraft at the time of the trial and to pay the difference
between the appraised value of such vehicle or aircraft as of the time
it shall have been so released on bond and the appraised value thereof
as of the time of trial; and conditioned further that, if the vehicle
or aircraft be not returned at the time of trial, the bond shall stand
in lieu of, and be forfeited in the same manner as, such vehicle or
aircraft. Notwithstanding this subsection or any other provisions of
law relating to the delivery of possession on bond of vehicles or
aircraft sought to be forfeited under the internal-revenue laws, the
court may, in its discretion and upon good cause shown by the United
States, refuse to order such delivery of possession.
(June 25, 1948, ch. 645, 62 Stat. 840.)
3618. Conveyances carrying liquor
Any conveyance, whether used by the owner or another in introducing
or attempting to introduce intoxicants into the Indian country, or into
other places where the introduction is prohibited by treaty or enactment
of Congress, shall be subject to seizure, libel, and forfeiture.
(June 25, 1948, ch. 645, 62 Stat. 841.)
3619. Disposition of conveyances seized for violation of the Indian
liquor laws
The provisions of section 3617 of this title shall apply to any
conveyances seized, proceeded against by libel, or forfeited under the
provisions of section 3113 or 3618 of this title for having been used in
introducing or attempting to introduce intoxicants into the Indian
country or into other places where such introduction is prohibited by
treaty or enactment of Congress.
(Added Oct. 24, 1951, ch. 546, 2, 65 Stat. 609.)
3620. Vessels carrying explosives and steerage passengers
The amount of any fine imposed upon the master of a steamship or
other vessel under the provisions of section 2278 of this title shall be
a lien upon such vessel, and such vessel may be libeled therefor in the
district court of the United States for any district in which such
vessel shall arrive or from which it shall depart.
(Added Sept. 3, 1954, ch. 1263, 36, 68 Stat. 1239.)
3621. Criminal default on fine
(a) Whoever, having been sentenced to pay a fine or penalty,
willfully does not pay an amount due --
(1) in the case of an individual, shall be fined not more than the
greater of $100,000 or twice the unpaid balance of the fine or penalty,
or imprisoned not more than one year, or both; and
(2) in the case of a person other than an individual, shall be fined
not more than the greater of $250,000 or twice the unpaid balance of the
fine or penalty.
(b) It is a defense to a prosecution under subsection (a)(1) of this
section that the individual was unable to make the payment because of
such individual's responsibility to provide necessities for such
individual or other individuals financially dependent upon such
individual. The defendant has the burden of establishing the defense
under this subsection by a preponderance of the evidence.
(Added Pub. L. 98-596, 6(a), Oct. 30, 1984, 98 Stat. 3136.)
3622. Factors relating to imposition of fines
(a) In determining whether to impose a fine and the amount of a fine,
the court shall consider, in addition to other relevant factors --
(1) the nature and circumstances of the offense;
(2) the history and characteristics of the defendant;
(3) the defendant's income, earning capacity, and financial
resources;
(4) the burden that the fine will impose upon the defendant, any
person who is financially dependent on the defendant, or any other
person (including a government) that would be responsible for the
welfare of any person financially dependent on the defendant, relative
to the burden that alternative punishments would impose;
(5) any pecuniary loss inflicted upon others as a result of the
offense;
(6) whether restitution is ordered and the amount of such
restitution;
(7) the need to deprive the defendant of illegally obtained gains
from the offense;
(8) whether the defendant can pass on to consumers or other persons
the expense of the fine; and
(9) if the defendant is an organization, the size of the organization
and any measure taken by the organization to discipline any officer,
director, employee, or agent of the organization responsible for the
offense and to prevent a recurrence of such an offense.
(b) If, as a result of a conviction, the defendant has the obligation
to make restitution to a victim of the offense, the court shall impose a
fine or penalty only to the extent that such fine or penalty will not
impair the ability of the defendant to make restitution.
(Added Pub. L. 98-596, 6(a), Oct. 30, 1984, 98 Stat. 3136.)
3623. Alternative fines
(a) An individual convicted of an offense may be fined not more than
the greatest of --
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (c) of this section;
(3) in the case of a felony, $250,000;
(4) in the case of a misdemeanor resulting in death, $250,000; or
(5) in the case of a misdemeanor punishable by imprisonment for more
than six months, $100,000.
(b) A person (other than an individual) convicted of an offense may
be fined not more than the greatest of --
(1) the amount specified in the law setting forth the offense;
(2) the applicable amount under subsection (c) of this section;
(3) in the case of a felony, $500,000;
(4) in the case of a misdemeanor resulting in death, $500,000; or
(5) in the case of a misdemeanor punishable by imprisonment for more
than six months, $100,000.
(c)(1) If the defendant derives pecuniary gain from the offense, or
if the offense results in pecuniary loss to another person, the
defendant may be fined not more than the greater of twice the gross gain
or twice the gross loss, unless imposition of a fine under this
subsection would unduly complicate or prolong the sentencing process.
(2) Except as otherwise expressly provided, the aggregate of fines
that a court may impose on a defendant at the same time for different
offenses that arise from a common scheme or plan, and that do not cause
separable or distinguishable kinds of harm or damage, is twice the
amount imposable for the most serious offense.
(Added Pub. L. 98-596, 6(a), Oct. 30, 1984, 98 Stat. 3137.)
3624. Security for stayed fine
If a sentence imposing a fine is stayed, the court shall, absent
exceptional circumstances (as determined by the court) --
(1) require the defendant to deposit, in the registry of the district
court, any amount of the fine that is due;
(2) require the defendant to provide a bond or other security to
ensure payment of the fine; or
(3) restrain the defendant from transferring or dissipating assets.
(Added Pub. L. 98-596, 6(a), Oct. 30, 1984, 98 Stat. 3138.)
18 USC (CHAPTER 231 -- REPEALED)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
18 USC ( 3651 to 3656. Repealed or Renumbered. Pub. L. 98-473, title
II, 212(a)(1), (2), Oct. 12, 1984, 98 Stat. 1987)
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Nov. 1, 1987
Pub. L. 98-473, title II, 212(a)(1), (2), 235(a)(1), Oct. 12,
1984, 98 Stat. 1987, 2031, as amended, repealed this chapter (except
section 3656 which was renumbered section 3672), effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such repeal. Section 235 of Pub. L. 98-473, as amended, relating to
effective dates, is set out as an Effective Date note under section 3551
of this title. Prior to repeal, the provisions of this chapter read as
follows:
3651. Suspension of sentence and probation
Upon entering a judgment of conviction of any offense not punishable
by death or life imprisonment, any court having jurisdiction to try
offenses against the United States when satisfied that the ends of
justice and the best interest of the public as well as the defendant
will be served thereby, may suspend the imposition or execution of
sentence and place the defendant on probation for such period and upon
such terms and conditions as the court deems best.
Upon entering a judgment of conviction of any offense not punishable
by death or life imprisonment, if the maximum punishment provided for
such offense is more than six months, any court having jurisdiction to
try offenses against the United States, when satisfied that the ends of
justice and the best interest of the public as well as the defendant
will be served thereby, may impose a sentence in excess of six months
and provide that the defendant be confined in a jail-type institution or
a treatment institution for a period not exceeding six months and that
the execution of the remainder of the sentence be suspended and the
defendant placed on probation for such period and upon such terms and
conditions as the court deems best.
Probation may be granted whether the offense is punishable by fine or
imprisonment or both. If an offense is punishable by both fine and
imprisonment, the court may impose a fine and place the defendant on
probation as to imprisonment. Probation may be limited to one or more
counts or indictments, but, in the absence of express limitation, shall
extend to the entire sentence and judgment.
The court may revoke or modify any condition of probation, or may
change the period of probation.
The period of probation, together with any extension thereof, shall
not exceed five years.
While on probation and among the conditions thereof, the defendant --
May be required to pay a fine in one or several sums; and
May be required to make restitution or reparation to aggrieved
parties for actual damages or loss caused by the offense for which
conviction was had; and
May be required to provide for the support of any persons, for whose
support he is legally responsible.
The court may require a person as conditions of probation to reside
in or participate in the program of a residential community treatment
center, or both, for all or part of the period of probation: Provided,
That the Attorney General certifies that adequate treatment facilities,
personnel, and programs are available. If the Attorney General
determines that the person's residence in the center or participation in
its program, or both, should be terminated, because the person can
derive no further significant benefits from such residence or
participation, or both, or because his such residence or participation
adversely affects the rehabilitation of other residents or participants,
he shall so notify the court, which shall thereupon, by order, make such
other provision with respect to the person on probation as it deems
appropriate.
A person residing in a residential community treatment center may be
required to pay such costs incident to residence as the Attorney General
deems appropriate.
The court may require a person who is an addict within the meaning of
section 4251(a) of this title, or a drug dependent person within the
meaning of section 2(q) of the Public Health Service Act, as amended (42
U.S.C. 201), as a condition of probation, to participate in the
community supervision programs authorized by section 4255 of this title
for all or part of the period of probation.
The defendant's liability for any punishment (other than a fine)
imposed as to which probation is granted, shall be fully discharged by
the fulfillment of the terms and conditions of probation. If at the end
of the period of probation, the defendant has not complied with a
condition of probation, the court may nevertheless terminate proceedings
against the defendant, but no such termination shall affect the
defendant's obligation to pay a fine imposed or made a condition of
probation, and such fine shall be collected in the manner provided in
section 3565 of this title.
(June 25, 1948, ch. 645, 62 Stat. 842; June 20, 1958, Pub. L.
85-463, 1, 72 Stat. 216; Aug. 23, 1958, Pub. L. 85-741, 72 Stat. 834;
Oct. 22, 1970, Pub. L. 91-492, 1, 84 Stat. 1090; May 11, 1972, Pub.
L. 92-293, 1, 86 Stat. 136; Oct. 27, 1978, Pub. L. 95-537, 2, 92
Stat. 2038; Oct. 12, 1984, Pub. L. 98-473, title II, 235(a)(1),
238(b), (c), (i), 98 Stat. 2031, 2038, 2039; Oct. 30, 1984, Pub. L.
98-596, 4, 12(a)(2), (3), (9), (b), 98 Stat. 3136, 3139, 3140.)
Pub. L. 98-473, 235(a)(1), 238(b), (c), (i), and Pub. L. 98-596,
12(a)(2), (3), (9), (b), amended section as follows: Section 238(b),
(c), added a new par. and amended generally the final par. effective
pursuant to section 235(a)(1) of Pub. L. 98-473 the first day of the
first calendar month beginning twenty-four months after Oct. 12, 1984.
Section 12(a)(2), (3) of Pub. L. 98-596 struck out the par. added by
Pub. L. 98-473 and amended generally the final par. to read as it had
before amendment by Pub. L. 98-473, applicable pursuant to section
12(b) of Pub. L. 98-596 on and after the date of enactment of Pub. L.
98-473 (Oct. 12, 1984). Section 238(i) of Pub. L. 98-473 which
repealed section 238 of Pub. L. 98-473 on the same date established by
section 235(a)(1) of Pub. L. 98-473 was repealed by section 12(a)(9)
of Pub. L. 98-596. The cumulative effect of the amendments resulted in
no change in this section.
3652. Probation -- (Rule)
Probation as provided by law, Rule 32(e).
Presentence investigation, Rule 32(c).
(June 25, 1948, ch. 645, 62 Stat. 842.)
3653. Report of probation officer and arrest of probationer
When directed by the court, the probation officer shall report to the
court, with a statement of the conduct of the probationer while on
probation. The court may thereupon discharge the probationer from
further supervision and may terminate the proceedings against him, or
may extend the probation, as shall seem advisable.
Whenever during the period of his probation, a probationer heretofore
or hereafter placed on probation, goes from the district in which he is
being supervised to another district, jurisdiction over him may be
transferred, in the discretion of the court, from the court for the
district from which he goes to the court for the other district, with
the concurrence of the latter court. Thereupon the court for the
district to which jurisdiction is transferred shall have all power with
respect to the probationer that was previously possessed by the court
for the district from which the transfer is made, except that the period
of probation shall not be changed without the consent of the sentencing
court. This process under the same conditions may be repeated whenever
during the period of his probation the probationer goes from the
district in which he is being supervised to another district.
At any time within the probation period, the probation officer may
for cause arrest the probationer wherever found, without a warrant. At
any time within the probation period, or within the maximum probation
period permitted by section 3651 of this title, the court for the
district in which the probationer is being supervised or if he is no
longer under supervision, the court for the district in which he was
last under supervision, may issue a warrant for his arrest for violation
of probation occurring during the probation period. Such warrant may be
executed in any district by the probation officer or the United States
marshal of the district in which the warrant was issued or of any
district in which the probationer is found. If the probationer shall be
arrested in any district other than that in which he was last
supervised, he shall be returned to the district in which the warrant
was issued, unless jurisdiction over him is transferred as above
provided to the district in which he is found, and in that case he shall
be detained pending further proceedings in such district.
As speedily as possible after arrest the probationer shall be taken
before the court for the district having jurisdiction over him.
Thereupon the court may revoke the probation and require him to serve
the sentence imposed, or any lesser sentence, and, if imposition of
sentence was suspended, may impose any sentence which might originally
have been imposed.
(June 25, 1948, ch. 645, 62 Stat. 842; May 24, 1949, ch. 139, 56,
63 Stat. 96.)
3654. Appointment and removal of probation officers
Any court having original jurisdiction to try offenses against the
United States may appoint one or more suitable persons to serve as
probation officers within the jurisdiction and under the direction of
the court making such appointment.
All such probation officers shall serve without compensation except
that in case it shall appear to the court that the needs of the service
require that there should be salaried probation officers, such court may
appoint such officers.
Such court may in its discretion remove a probation officer serving
in such court.
The appointment of a probation officer shall be in writing and shall
be entered on the records of the court, and a copy of the order of
appointment shall be delivered to the officer so appointed and a copy
sent to the Director of the Administrative Office of the United States
Courts.
Whenever such court shall have appointed more than one probation
officer, one may be designated chief probation officer and shall direct
the work of all probation officers serving in such court.
(June 25, 1948, ch. 645, 62 Stat. 843; Aug. 2, 1949, ch. 383, 2, 63
Stat. 491.)
3655. Duties of probation officers
The probation officer shall furnish to each probationer under his
supervision a written statement of the conditions of probation and shall
instruct him regarding the same.
He shall keep informed concerning the conduct and condition of each
probationer under his supervision and shall report thereon to the court
placing such person on probation.
He shall use all suitable methods, not inconsistent with the
conditions imposed by the court, to aid probationers and to bring about
improvements in their conduct and condition.
He shall keep records of his work; shall keep accurate and complete
accounts of all moneys collected from persons under his supervision;
shall give receipts therefor, and shall make at least monthly returns
thereof; shall make such reports to the Director of the Administrative
Office of the United States Courts as he may at any time require; and
shall perform such other duties as the court may direct.
He shall report to the court any failure of a probationer under his
supervision to pay an amount due as a fine or as restitution.
Each probation officer shall perform such duties with respect to
persons on parole as the United States Parole Commission shall request.
(June 25, 1948, ch. 645, 62 Stat. 843; Mar. 15, 1976, Pub. L.
94-233, 14, 90 Stat. 233; Oct. 12, 1984, Pub. L. 98-473, title II,
235(a)(1), 238(d), (i), 98 Stat. 2031, 2038, 2039; Oct. 30, 1984, Pub.
L. 98-596, 5, 12(a)(4), (9), (b), 98 Stat. 3136, 3139, 3140.)
Pub. L. 98-473, 235(a)(1), 238(d), (i), and Pub. L. 98-596,
12(a)(4), (9), (b), amended section as follows: Section 238(d) of Pub.
L. 98-473 amended generally the second par. effective pursuant to
section 235(a)(1) of Pub. L. 98-473 the first day of the first calendar
month beginning twenty-four months after Oct. 12, 1984. Section
12(a)(4) of Pub. L. 98-596 amended generally the second par. to read
as it had before amendment by Pub. L. 98-473, applicable pursuant to
section 12(b) of Pub. L. 98-596 on and after the date of enactment of
Pub. L. 98-473 (Oct. 12, 1984). Section 238(i) of Pub. L. 98-473
which repealed section 238 of Pub. L. 98-473 on the same date
established by section 235(a)(1) of Pub. L. 98-473 was repealed by
section 12(a)(9) of Pub. L. 98-596. The cumulative effect of the
amendments resulted in no change in this section.
3656. Duties of Director of Administrative Office of the United
States Courts
The Director of the Administrative Office of the United States
Courts, or his authorized agent, shall investigate the work of the
probation officers and make recommendations concerning the same to the
respective judges and shall have access to the records of all probation
officers.
He shall collect for publication statistical and other information
concerning the work of the probation officers.
He shall prescribe record forms and statistics to be kept by the
probation officers and shall formulate general rules for the proper
conduct of the probation work.
He shall endeavor by all suitable means to promote the efficient
administration of the probation system and the enforcement of the
probation laws in all United States courts.
He shall, under the supervision and direction of the Judicial
Conference of the United States, fix the salaries of probation officers
and shall provide for their necessary expenses including clerical
service and travel expenses.
He shall incorporate in his annual report a statement concerning the
operation of the probation system in such courts.
(June 25, 1948, ch. 645, 62 Stat. 843; May 24, 1949, ch. 139, 57,
63 Stat. 97.)
18 USC CHAPTER 232 -- MISCELLANEOUS SENTENCING PROVISIONS
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
Sec.
3661. Use of information for sentencing.
3662. Conviction records.
3663. Order of restitution.
3664. Procedure for issuing order of restitution.
3665. Firearms possessed by convicted felons.
3666. Bribe moneys.
3667. Liquors and related property; definitions.
3668. Remission or mitigation of forfeitures under liquor laws;
possession pending trial.
3669. Conveyances carrying liquor.
3670. Disposition of conveyances seized for violation of the Indian
liquor laws.
3671. Vessels carrying explosives and steerage passengers.
3672. Duties of Director of Administrative Office of the United
States Courts.
3673. Definitions for sentencing provisions.
1990 -- Pub. L. 101-647, title XXXV, 3594, Nov. 29, 1990, 104
Stat. 4931, substituted ''Conveyances'' for ''Conveyance'' in item
3669.
1984 -- Pub. L. 98-473, title II, 212(a)(5), 235(a)(1), Oct. 12,
1984, 98 Stat. 2010, 2031, as amended, added chapter heading and
analysis of sections for chapter 232 consisting of items 3661 to 3673,
effective Nov. 1, 1987.
Pub. L. 98-473, title II, 212(a)(1), (3)-(5), 235(a)(1), Oct. 12,
1984, 98 Stat. 1987, 2010, 2031, as amended, enacted heading, analysis,
and section 3673 of this chapter ( 3661 to 3673), provided that
sections 3577, 3578, 3579, 3580, 3611, 3612, 3615, 3617, 3618, 3619,
3620, and 3656 of this title are renumbered as sections 3661, 3662,
3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, and 3672,
respectively, of this chapter, and amended section 3663 of this chapter,
effective Nov. 1, 1987, and applicable only to offenses committed after
the taking effect of this chapter. Section 235 of Pub. L. 98-473, as
amended, relating to effective dates, is set out as a note under section
3551 of this title.
18 USC 3661. Use of information for sentencing
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
No limitation shall be placed on the information concerning the
background, character, and conduct of a person convicted of an offense
which a court of the United States may receive and consider for the
purpose of imposing an appropriate sentence.
(Added Pub. L. 91-452, title X, 1001(a), Oct. 15, 1970, 84 Stat.
951, 3577; renumbered 3661, Pub. L. 98-473, title II, 212(a)(1),
Oct. 12, 1984, 98 Stat. 1987.)
Pub. L. 101-421, 1, Oct. 12, 1990, 104 Stat. 909, provided that:
''This Act (amending provisions set out as a note under section 3672 of
this title) may be cited as the 'Drug and Alcohol Dependent Offenders
Treatment Act of 1989'.''
Pub. L. 99-570, title I, 1861(a), Oct. 27, 1986, 100 Stat.
3207-53, provided that: ''This section (amending sections 3672 and 4255
of this title, enacting provisions set out as a note under section 3672
of this title, and amending provisions set out as a note under section
4255 of this title) may be cited as the 'Drug and Alcohol Dependent
Offenders Treatment Act of 1986'.''
18 USC 3662. Conviction records
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a) The Attorney General of the United States is authorized to
establish in the Department of Justice a repository for records of
convictions and determinations of the validity of such convictions.
(b) Upon the conviction thereafter of a defendant in a court of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, a territory or possession of the United States, any political
subdivision, or any department, agency, or instrumentality thereof for
an offense punishable in such court by death or imprisonment in excess
of one year, or a judicial determination of the validity of such
conviction on collateral review, the court shall cause a certified
record of the conviction or determination to be made to the repository
in such form and containing such information as the Attorney General of
the United States shall by regulation prescribe.
(c) Records maintained in the repository shall not be public records.
Certified copies thereof --
(1) may be furnished for law enforcement purposes on request of a
court or law enforcement or corrections officer of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, a territory
or possession of the United States, any political subdivision, or any
department, agency, or instrumentality thereof;
(2) may be furnished for law enforcement purposes on request of a
court or law enforcement or corrections officer of a State, any
political subdivision, or any department, agency, or instrumentality
thereof, if a statute of such State requires that, upon the conviction
of a defendant in a court of the State or any political subdivision
thereof for an offense punishable in such court by death or imprisonment
in excess of one year, or a judicial determination of the validity of
such conviction on collateral review, the court cause a certified record
of the conviction or determination to be made to the repository in such
form and containing such information as the Attorney General of the
United States shall by regulation prescribe; and
(3) shall be prima facie evidence in any court of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, a territory
or possession of the United States, any political subdivision, or any
department, agency, or instrumentality thereof, that the convictions
occurred and whether they have been judicially determined to be invalid
on collateral review.
(d) The Attorney General of the United States shall give reasonable
public notice, and afford to interested parties opportunity for hearing,
prior to prescribing regulations under this section.
(Added Pub. L. 91-452, title X, 1001(a), Oct. 15, 1970, 84 Stat.
951, 3578; renumbered 3662, Pub. L. 98-473, title II, 212(a)(1),
Oct. 12, 1984, 98 Stat. 1987.)
18 USC 3663. Order of restitution
TITLE 18 -- CRIMES AND CRIMINAL PROCEDURE
(a)(1) The court, when sentencing a defendant convicted of an offense
under this title or under subsection (h), (i), (j), or (n) of section
902 of the Federal Aviation Act of 1958 (49 /1/ U.S.C. 1472), may
order, in addition to or, in the case of a misdemeanor, in lieu of any
other penalty authorized by law, that the defendant make restitution to
any victim of such offense.
(2) For the purposes of restitution, a victim of an offense that
involves as an element a scheme, a conspiracy, or a pattern of criminal
activity means any person directly harmed by the defendant's criminal
conduct in the course of the scheme, conspiracy, or pattern.
(3) The court may also order restitution in any criminal case to the
extent agreed to by the parties in a plea agreement.
(b) The order may require that such defendant --
(1) in the case of an offense resulting in damage to or loss or
destruction of property of a victim of the offense --
(A) return the property to the owner of the property or someone
designated by the owner; or
(B) if return of the property under subparagraph (A) is impossible,
impractical, or inadequate, pay an amount equal to the greater of --
(i) the value of the property on the date of the damage, loss, or
destruction, or
(ii) the value of the property on the date of sentencing,
less the value (as of the date the property is returned) of any part
of the property that is returned;
(2) in the case of an offense resulting in bodily injury to a victim
--
(A) pay an amount equal to the cost of necessary medical and related
professional services and devices relating to physical, psychiatric, and
psychological care, including nonmedical care and treatment rendered in
accordance with a method of healing recognized by the law of the place
of treatment;
(B) pay an amount equal to the cost of necessary physical and
occupational therapy and rehabilitation; and
(C) reimburse the victim for income lost by such victim as a result
of such offense;
(3) in the case of an offense resulting in bodily injury also results
in the death of a victim, pay an amount equal to the cost of necessary
funeral and related services; and
(4) in any case, if the victim (or if the victim is deceased, the
victim's estate) consents, make restitution in services in lieu of
money, or make restitution to a person or organization designated by the
victim or the estate.
(c) If the court decides to order restitution under this section, the
court shall, if the victim is deceased, order that the restitution be
made to the victim's estate.
(d) To the extent that the court determines that the complication and
prolongation of the sentencing process resulting from the fashioning of
an order of restitution under this section outweighs the need to provide
restitution to any victims, the court may decline to make such an order.
(e)(1) The court shall not impose restitution with respect to a loss
for which the victim has received or is to receive compensation, except
that the court may, in the interest of justice, order restitution to any
person who has compensated the victim for such loss to the extent that
such person paid the compensation. An order of restitution shall
require that all restitution to victims under such order be made before
any restitution to any other person under such order is made.
(2) Any amount paid to a victim under an order of restitution shall
be set off against any amount later recovered as compensatory damages by
such victim in --
(A) any Federal civil proceeding; and
(B) any State civil proceeding, to the extent provided by the law of
that State.
(f)(1) The court may require that such defendant make restitution
under this section within a specified period or in specified
installments.
(2) The end of such period or the last such installment shall not be
later than --
(A) the end of the period of probation, if probation is ordered;
(B) five years after the end of the term of imprisonment imposed, if
the court does not order probation; and
(C) five years after the date of sentencing in any other case.
(3) If not otherwise provided by the court under this subsection,
restitution shall be made immediately.
(4) The order of restitution shall require the defendant to make
restitution directly to the victim or other person eligible under this
section, or to deliver the amount or property due as restitution to the
Attorney General or the person designated under section 604(a)(18) of
title 28 for transfer to such victim or person.
(g) If such defendant is placed on probation or sentenced to a term
of supervised release under this title, any restitution ordered under
this section shall be a condition of such probation or supervised
release. The court may revoke probation or a term of supervised
release, or modify the term or conditions of probation or a term of
supervised release, or hold a defendant in contempt pursuant to section
3583(e) if the defendant fails to comply with such order. In
determining whether to revoke probation or a term of supervised release,
modify the term or conditions of probation or supervised release, or
hold a defendant serving a term of supervised release in contempt, the
court shall consider the defendant's employment status, earning ability,
financial resources, the willfulness of the defendant's failure to pay,
and any other special circumstances that may have a bearing on the
defendant's ability to pay.
(h) An order of restitution may be enforced --
(1) by the United States --
(A) in the manner provided for the collection and payment of fines in
subchapter B of chapter 229 of this title; or
(B) in the same manner as a judgment in a civil action; and
(2) by a victim named in the order to receive the restitution, in the
same manner as a judgment in a civil action.
(Added Pub. L. 97-291, 5(a), Oct. 12, 1982, 96 Stat. 1253, 3579;
renumbered 3663 and amended Pub. L. 98-473, title II, 212(a)(1), (3),
Oct. 12, 1984, 98 Stat. 1987, 2010; Pub. L. 98-596, 9, Oct. 30, 1984,
98 Stat. 3138; Pub. L. 99-646, 8(b), 20(a), 77(a), 78(a), 79(a), Nov.
10, 1986, 100 Stat. 3593, 3596, 3618, 3619; Pub. L. 100-182, 13, Dec.
7, 1987, 101 Stat. 1268; Pub. L. 100-185, 12, Dec. 11, 1987, 101 Stat.
1285; Pub. L. 100-690, title VII, 7042, Nov. 18, 1988, 102 Stat. 4399;
Pub. L. 101-647, title XXV, 2509, title XXXV, 3595, Nov. 29, 1990,
104 Stat. 4863, 4931.)
1990 -- Subsec. (a). Pub. L. 101-647, 2509, designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (f)(4). Pub. L. 101-647, 3595, substituted ''604(a)(18)''
for ''604(a)(17)''.
1988 -- Subsec. (h). Pub. L. 100-690 amended subsec. (h) generally.
Prior to amendment, subsec. (h) read as follows: ''An order of
restitution may be enforced by the United States in the manner provided
in sections 3812 and 3813 or in the same manner as a judgment in a civil
action, and by the victim named in the order to receive the restitution
in the same manner as a judgment in a civil action.''
1987 -- Subsec. (f)(4). Pub. L. 100-185 inserted ''or the person
designated under section 604(a)(17) of title 28'' after ''Attorney
General''.
Subsec. (g). Pub. L. 100-182 substituted ''revoke probation or a term
of supervised release,'' for ''revoke probation,'' in two places and
inserted ''probation or'' after ''modify the term or conditions of'' in
two places.
1986 -- Subsec. (a). Pub. L. 99-646, 20(a), which directed that
subsec. (a)(1) be amended by inserting '', in the case of a
misdemeanor,'' after ''in addition to or'', was executed to subsec. (a)
to reflect the probable intent of Congress and the prior amendment to
subsec. (a) by Pub. L. 99-646, 8(b), below.
Pub. L. 99-646, 8(b), struck out par. (1) designation, and struck
out par. (2) which read as follows: ''If the court does not order
restitution, or orders only partial restitution, under this section, the
court shall state on the record the reasons therefor.''
Subsec. (a)(1). Pub. L. 99-646, 79(a), substituted ''such offense''
for ''the offense''.
Subsec. (d). Pub. L. 99-646, 77(a), amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''The court shall
impose an order of restitution to the extent that such order is as fair
as possible to the victim and the imposition of such order will not
unduly complicate or prolong the sentencing process.''
Subsec. (h). Pub. L. 99-646, 78(a), substituted ''in the manner
provided for the collection of fines and penalties by section 3565 or by
a victim'' for ''or a victim''.
1984 -- Pub. L. 98-473, 212(a)(1), renumbered section 3579 of this
title as this section.
Subsec. (c). Pub. L. 98-596, 9(1), substituted ''court'' for
''Court'' after ''If the''.
Subsec. (f)(4). Pub. L. 98-596, 9(2), added par. (4).
Subsec. (g). Pub. L. 98-473, 212(a)(3)(A), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ''If such
defendant is placed on probation or paroled under this title, any
restitution ordered under this section shall be a condition of such
probation or parole. The court may revoke probation and the Parole
Commission may revoke parole if the defendant fails to comply with such
order. In determining whether to revoke probation or parole, the court
or Parole Commission shall consider the defendant's employment status,
earning ability, financial resources, the willfulness of the defendant's
failure to pay, and any other special circumstances that may have a
bearing on the defendant's ability to pay.''
Subsec. (h). Pub. L. 98-473, 212(a)(3)(B), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ''An
order of restitution may be enforced by the United States in the manner
provided for the collection of fines and penalties by section 3565 or by
a victim named in the order to receive the restitution in the same
manner as a judgment in a civil action.''
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set
out as a note under section 3006A of this title.
Amendment by section 8(b) of Pub. L. 99-646 effective Nov. 1, 1987,
see section 8(c) of Pub. L. 99-646, set out as a note under section
3553 of this title.
Amendment by section 20(a) of Pub. L. 99-646 effective Nov. 1,
1987, see section 20(c) of Pub. L. 99-646, set out as a note under
section 3556 of this title.
Section 77(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the 30th
day after the date of the enactment of this Act (Nov. 10, 1986).''
Section 78(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the 30th
day after the date of the enactment of this Act (Nov. 10, 1986).''
Section 79(b) of Pub. L. 99-646 provided that: ''The amendment made
by this section (amending this section) shall take effect on the date of
the enactment of this Act (Nov. 10, 1986).''
Amendment by Pub. L. 98-596 applicable to offenses committed after
Dec. 31, 1984, see section 10 of Pub. L. 98-596.
Amendment by section 212(a)(3) of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking effect
of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of this title.
Section effective with respect to offenses occurring after Jan. 1,
1983, see section 9(b)(2) of Pub. L. 97-291, set out as a note under
section 1512 of this title.
Section 7 of Pub. L. 97-291 required the Attorney General to report,
by Oct. 12, 1982, to Congress regarding any laws that are necessary to
ensure that no Federal felon derives any profit from the sale of the
recollections, thoughts, and feelings of such felon with regards to the
offense committed by the felon until any victim of the offense receives
restitution.
1831k.
/1/ So in original. Probably should be ''49 App.''.